California Caregivers Win $1.4M Unpaid Overtime Class Action Settlement

Combatting wage theft is a top priority for the Labor Commissioner and the California Department of Industrial Relations. These agencies are responsible for enforcing labor laws and protecting workers’ rights. Wage theft refers to any unpaid compensation that a worker is entitled to, and includes unpaid overtime, minimum wage violations, unpaid breaks and other violations.

Assisted living facility Bedford Care Group was recently cited for violating California employment laws and has been ordered to back-pay 11 caregivers. In addition to the nearly $1.4 million for unpaid overtime, the company owes more than $17,000 in unpaid minimum wage and more than $95,000 in meal and rest break violations. Bedford was also fined $114,500 in punitive damages.

Live-In Caregivers Must Be Paid for All Time Worked

Bedford operates six assisted living facilities in Fresno County. These facilities relied on the presence of live-in caregivers who were available around-the-clock to provide assistance to residents who need care. Under California law, when employees are not able to have five hours of uninterrupted sleep, they need to be compensated as if they work 24 hours per day.

Under California law all non-exempt employees are entitled to be paid for all of the hours they work. If they work more than 40 hours per week, they are entitled to overtime pay equal to 1.5 times their hourly wage. These requirements apply to all employees, regardless of immigration status. Many undocumented workers are taken advantage of because they fear that their employer will retaliate against them or report them for their undocumented status. Many of these workers are unaware of their rights and fail to seek help.

Bedford received a citation after the Labor Commissioner’s office conducted an investigation. The agency was assisted by the Filipino Advocates for Justice and the Asian Law Caucus. These two organizations had assisted the caregivers in coming forward with complaints about their low levels of pay. During the investigation, the agency conducted interviews and audits for each of the 11 caregivers. The agency focused on the period ranging from November 2011 until April 2013 to determine the full amount of unpaid wages the caregivers were owed.

Non-Exempt Employees Are Entitled to Overtime Pay

If you have worked more than 40 hours in a workweek without receiving overtime pay, you may be entitled to compensation. Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to receive pay for all hours worked. Even if you are classified as an exempt employee, there is a chance that you were misclassified and should be entitled to overtime pay.

Many employers, in an attempt to save money, rely on a variety of illegal measures to avoid paying their employees. To find out if you have a viable wage and hour claim, visit the Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation for more information. If you choose to submit information about your unpaid wages, a class action lawyer will conduct a free assessment to determine whether you are a candidate for a wage and hour lawsuit.