A wage-and-hour lawsuit filed by former employee Kim J. McElroy against Vitalant reached an important procedural stage in federal court after a Northern District of California judge granted the defendant’s motion for judgment on the pleadings with leave to amend. The case involves alleged violations of the California Labor Code and California Business and Professions Code.
Case: Kim J. McElroy v. Vitalant
Court: U.S. District Court for the Northern District of California
Case No.: 3:25-cv-02996-RS
Kim J. McElroy, identified in the court order as a former employee of Vitalant, filed the lawsuit asserting California wage-and-hour claims against the organization.
According to the federal court record, the complaint included allegations involving meal and rest periods, hourly and overtime wages, reporting-time pay, vacation wages, expense reimbursement, pay cards, wage statements, final wages, unfair competition, and claims under California’s Private Attorneys General Act (PAGA).
The case also included claims under the California Business and Professions Code arising from the alleged labor violations.
Vitalant is described in the court’s order as a nonprofit blood donation organization. The lawsuit alleges the organization violated provisions of California employment law governing employee compensation and workplace practices.
While nonprofit and healthcare-related employers commonly operate in heavily...
The relator managed to connect alleged upcode overcharging to the submission of bills to the government that would have necessarily contained inflated charges. A qui tam relator who did not plead ...