Alleged Failure to Pay Proper Overtime Leaves Senior Living Facility Facing Suit

by Norman B. Blumenthal on April 18, 2018

blumenthal nordrehaug & bhowmik, california employment law, california employment law attorneys, overtime lawsuit, California overtime lawsuit, overtime suit, California overtime suitRobin Andrews, an employee of a San Joaquin County senior living business, filed a class action lawsuit alleging labor code violations (U.S. District Court for the Eastern District of California case number 18-cv-378). The complaint was filed in U.S. District Court for the Eastern District of California on February 16, 2018 on behalf of Andrews herself and all others similarly situated. The suit was filed against Prestige Care Inc., Prestige Senior Living LLC, and Manteca Ventures ALF LLC alleging violation of the Fair Labor Standards Act (FLSA) due to improper payment of overtime wages.

Andrews alleged in the complaint that she was hired by the company on February 16, 2017 on an hourly basis. The non-exempt employee status of the job meant hours worked beyond 8 in one day or 40 in one work week left Andrews eligible for overtime. Yet Andrews claims that she and other in similar situations at the company suffered significant wage loss due to the defendant’s wrongful practice of denying employees earned wage for all the overtime hours they put in on the job, failing to offer accurate wage statements, failed to provide required meal and rest periods, and otherwise comply with California labor codes. Andrews also included in the complaint that allegations of sexual harassment within the workforce went uninvestigated.

Definitions to Know Regarding the Case:

Non-Exempt Employee: a non-exempt employee is any employee entitled to overtime pay under the Fair Labor Standards Act. Most employees fall into this category. Employers are required to pay all non-exempt employees one-and-a-half times their regular rate of pay when they work over 40 hours a week (or more than 8 hours in one day).

Overtime: Overtime is hours an employee works beyond 8 in one day or 40 in one work week. Overtime pay is the amount of overtime paid to an employee in a pay period for hours worked past full time. The hourly rate for overtime pay is calculated based on their regular hourly rate (Hourly pay rate x 1.5 x overtime hours worked).

The lawsuit was filed seeking trial by jury. The plaintiffs also seek certification of the case as a class action, certification of Andrews as class representative, civil and statutory penalties, attorneys' fees, special, general and punitive damages, injunctive relief, interest and any other relief the court deems is just.

If you have questions regarding overtime pay or if you are not being provided with the overtime wages you are due, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

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