Alliance Healthcare and Imaging Technicians Reach Settlement Over Breaks

A $200,000 settlement has been reached between Alliance Healthcare Services and a group of imaging technicians who claimed the company failed to provide adequate meal and rest breaks. The suit, heard in the U.S. District Court for the Central District of California, was first filed in 2009.

The timing of appointments meant that proper rest and meal breaks were impossible.

Lead plaintiff Shane Studley said in the complaint that imaging technologists for the California-based company were routinely denied proper rest and meal breaks because of scheduling policies. The hourly technologists’ work entailed operating imaging equipment for Alliance Healthcare during patient appointments. However, the timing of appointments meant that proper rest and meal breaks were impossible, the complaint alleged, and therefore violated wage and hour laws.

In this month’s ruling, a $200,000 settlement was agreed, including $5000 for Studley and $55,000 in fees. The settlement is open to a class of all Alliance Healthcare technologists based in California since 2007.

The 2009 lawsuit faced multiple hurdles on its way to this settlement. In September 2010 U.S. District Judge Cormac J. Carney denied a motion to dismiss and, in July 2011, denied a motion to remove the class action allegations. Alliance Healthcare was granted partial summary judgment following a California Supreme Court case that touched on similar issues, leaving claims for overtime and premium wages, unpaid minimum wage, and civil penalties. A trial date originally set for May 2013 by Judge Carney was replaced by an agreement between the company and plaintiffs to reach a settlement in April of this year. Following this, the initial approval hearing is now set for September 30, 2013, with a final hearing in February 2014.

California labor laws currently require that employees be relieved of all duties for thirty minutes after five hours of work and be given a ten-minute break every three-and-a-half hours. These breaks must be free from any control by the employer. The employer cannot require the worker to undertake any job-related tasks, including the monitoring of equipment during their break. Workers must also be paid for breaks (as opposed to lunch periods) and employers cannot pressure or ask its employees to give up these rest periods. Labor laws are clear on this point and are designed to ensure that workers get proper breaks without experiencing retaliation from employers.