Apria Healthcare Class Action Lawsuits
Apria Healthcare’s website says: “Apria Healthcare is committed to providing outstanding care and exceptional service. Through our trained professionals and clinicians, Apria offers a wide range of clinical services and equipment.....With a comprehensive product line that includes hospital beds, ambulatory aids, patient room equipment, and bathroom safety items, Apria is the nation’s leading provider of home medical equipment.”
While all of this may be true, Apria Healthcare has an issue with their California drivers that deliver the home medical equipment to Apria’s customers.
A class action lawsuit has been filed for the California drivers and another class action lawsuit has been filed for the managers.
According to recent estimates, American companies steal billions and billions of dollars each year from workers. The trucking/ delivery industry is one of the industries where wage theft is most prevalent.
The first cause of action in this case is for Wage Theft. This cause of action concerns Apria Healthcare not paying for all time that the Apria Healthcare technicians/drivers work. This includes working during meal periods and not getting paid for all time spent on-call.
We took the deposition of the Apria Healthcare Logistics Manager. (A deposition is a legal proceeding where witnesses have to testify under penalty of perjury. It is a way to gather evidence in a legal case). The Apria Healthcare Logistics Manager testified that technicians/drivers are often made to be on-call. Based on our analysis, Apria Healthcare is not properly compensating technicians/drivers for this on-call work time.
If this cause of action is successful, each of the drivers that were made to be on call could be entitled to significant money damages for back pay owed to them.
But the on-call is only part of the wage theft that we are talking about in this lawsuit. It is only the tip of the iceberg. Read on.
Failure to Provide Meal Periods
The Apria Healthcare Logistics Manager confirmed that Apria Healthcare technicians/drivers could not make unplanned stops. Based upon our analysis of Apria Healthcare wage records, 77% of the time the driver/technician received a late lunch/meal period. This occurred because the Apria dispatchers control the order and timing of stops.
Further, most drivers/technicians that worked over 10 hours did not receive a second meal period, as required by California law.
Under California law, you are entitled to an hour’s pay for every missed or late meal period.
In 2012 the California Supreme Court issued a ground-breaking decision in Brinker v. Superior Court class action case. In the Brinker case the California Supreme Court laid out the requirements that employers in California must follow in order to meet their duty to provide meal periods to California workers. We represented the workers in the Brinker case.
The Brinker case lays out the duties that Apria Healthcare is supposed to follow. The case is seeking money damages for all the wages wrongfully not paid to drivers like you.
Since the Brinker case, we have won case after case against California companies. Many of these cases have been against California companies with drivers, just like you. The Turley Law Firm, PC also represents more drivers than any law firm in California. We specialize in California driver class actions for unpaid wages.
According to the Apria Healthcare California Class Action complaint - Apria Healthcare uses an illegal auto-meal deduct. Meaning Apria Healthcare illegally deducts 30 minutes from your pay every day for a meal period that you may not have received. Thus, you are entitled to 30 minutes pay for each day that you worked that this happened. If you worked over 8 hours or 40 hours during the week, then you are entitled to time and one-half for the 30 minutes.
In addition, under California law, you are entitled to an hour's pay for every meal period that you did not receive and an hour's pay for every rest period that you did not receive. According to our investigation and the lawsuit, just because you may have been “off work” for 30 minutes doesn’t mean that you received a meal period under California law.
Not Be Paid For Being On-Call
Here is the real kicker. How many of you were told that you had to be on-call? That you had to spend your nights and/or weekends waiting around to be on-call. You had to drop everything and be ready to respond to the call within 15 minutes?
That you couldn't even hang out alone with your kids, because you had to be ready to respond on-call. That you didn't go to dinners, movies, shows, sports games, etc,, because you were on-call. That you couldn't go jogging, swimming, etc. because you were on call. Heck you couldn't even go out of cellular coverage - because you were on-call?
You certainly could not go out of town. You couldn't mow the lawn.
And having a beer while watching the football game on TV was out.
In essence, you were a prisoner to the cell phone.
Guess what? Apria owes you for all of this time while you were on-call.
Think about how many hours you spent on-call.
What if I am a former driver for Apria Healthcare?
First, you can still recover if you worked for Apria Healthcare in the last 5 years or so - before the complaint was filed - you can still be part of the case. So if you are a current or former driver for Apria Healthcare, call us.
And if you are a former logistics manager /supervisor for Apria Healthcare (read about your case further down this page), we would like to talk to you also.
Status of the case
We have actually filed three California class action cases against Apria Healthcare.
Two of the cases concern technicians/ drivers. One of the cases concerns Logistics managers and supervisors.
With the Davis v. Apria Healthcare case (this is one of the technician / driver class action cases) - we have recently sent letters to the class members advising them of the case and asking them to contact our office. We have an upcoming class certification motion so we really want and need to speak to ask many technicians/ drivers as soon as possible. We would like your help in order to help you recover money damages against Apria Healthcare.
Apria Healthcare Logistic Managers / Supervisor Class Action Case
We have also filed a class action lawsuit for the Apria Healthcare Logistics Managers and Supervisors. The case alleges and/or is about Apria Healthcare illegally mischaracterizing logistics managers and/or supervisors as exempt from having to pay overtime and providing meal periods.
According to our investigation, if you are a current or former Apria Healthcare logistic manager and/or supervisor and you are entitled to overtime pay, you may be owed a lot of money in past wages.
Status of The Case
We recently sent out letters to the current and former Apria Healthcare logistic managers/ supervisors. We are looking to speak with as many logistic managers/ supervisors as possible in order to help us win this case for you.
We Want To Hear From You
If you are a driver for Apria Healthcare of a former driver - we would like to hear from you about your experience driving for Apria Healthcare.
This is the deal: you can speak to us confidentially if you want. Under California law, all communications between a client and a lawyer are protected by what is called the attorney client privilege. This allows you to tell your lawyer things and no one else can find out what was discussed.
Please call us at 619-304-1000
Unlike most lawyers that have been given the Super Lawyer award - I wasn’t born with a silver spoon in my mouth.
My grand dad was a driver, my uncles were drivers. My Dad - I called him Pop - drove a bread truck.
I represent more drivers than any law firm in California. In fact, I don't know of any law firm in America that represents more drivers than we do. We specialize in driver cases and cases for managers/ supervisors of delivery and trucking companies.
I saw first hand what it is like to live paycheck to paycheck. What it’s like to have time shaved off your paycheck. What it is like to not be able to pay your electric bill - much less put Christmas presents under the tree - because you weren’t being paid for all the time that you work.
To try and put your best face on for your wife and kids so they don’t know how bad things really are.
So when the company rips off your hard earned wages - it hits me hard. When I see the executives of these Fortune 500 companies get millions of dollars when they rip off your hard earned wages - I get teed off.
I know that you're lucky to have a job and that when you're working for the man - you can’t say anything or you’ll lose your job.
So I am proud to be your voice. I am proud to help get the company’s hand out of your wallet.