Case: Nesbitt v. Access Nurses, Inc. (Case Nos. 37-2009-00090248-CU-OE-CTL.)
Court: San Diego Superior Court
Judge: Steven R. Denton
Date: May 21, 2009
Result: Quarterly payout extending over a 3 year period.
Facts & Allegations
Plaintiff, Jessica Nesbitt, was an employee of Access Nurses, Inc. who recruited traveling nurses. Jessica Nesbitt, and about 200 other recruiters, were paid a salary and consistently worked more than 8 per day, and frequently missed meal periods. These traveling nurse recruiters were supervised by a team of 3 people. Access Nurses did not compensate its recruiters for overtime worked, or for lunch periods they missed.
Jessica Nesbitt, on behalf of herself and all other recruiters, sued Access Nurses and claimed that, based on their job duties, the recruiters were misclassified and were not exempt from the overtime and meal period laws.
Defendant denied all allegations, claiming that the class members were properly classified as “exempt” either under the salesperson exemption or the administrative exemption under the applicable IWC Wage Orders.
Plaintiff Attorney(s): Hogue & Belong
Defense Attorney(s): King & Ballow