California Wage and Hour Violations Alleged at Elder Care Facilities

A new lawsuit accuses Autumn Meadows senior care facilities of committing California wage and hour violations.

The plaintiffs, Virgilio T. and Edinia C., claim in their wage and hour lawsuit that defendants Autumn Meadows Inc. and Autumn Meadows III Inc. should be held liable for California wage and hour violations at residential elder care facilities where the plaintiffs were employed.

The plaintiffs claim that defendant Mary Reuland along with her spouse are the owners, shareholders, directors, and officers of elder residential care facilities in California known as Autumn Meadows, Autumn Meadows II, and Autumn Meadows III.

Because of the 24-hour operating cycle of these facilities, caregivers were needed around the clock, and Ms. Reuland supposedly had ultimate control over scheduling work days, shifts, meal and rest breaks, according to the complaint.

Wage and Hour Violations under FLSA

Both Virgilio and Edinia allege California wage and hour violations under the state’s labor code, as well as violations of the federal Fair Labor Standards Act (FLSA).

Virgilio says he was employed as a caregiver at Autumn Meadows in Laguna Niguel, Calif. from May 14, 2016 to Aug. 22, 2017. During this time, he claims he was routinely denied overtime pay at one and one-half times his regularly hourly rate while working an astounding number of shifts that exceeded 40 hours in a work week.

He is seeking as part of these California wage and hour violations past payment of as much as $68, 505. Additionally, Virgilio claims right to prejudgment interest on overtime wages not yet paid as well as attorney and court fees and other miscellaneous costs of the lawsuit.

Edinia also claims she was the victim of California wage and hour violations during her caretaker employment at the same elder care facility from June 3, 2016 to Aug. 22, 2017. She alleges the defendants are liable for as much as $89,885 in unpaid wages and overtime.

She also requests liquidated damages in the same amount, prejudgment interest on unpaid overtime wages, costs of lawsuit, and attorney and court fees.

California Wage and Hour Violations under State Code

The two plaintiffs also separately claim rights under State of California labor code. The liability for failure to pay overtime compensation for both references Labor Code 1194 and amounts to $68,505.00 and $89,885.00, respectively.

Additionally, the lawsuit alleges monetary compensation is due both plaintiffs for the defendants’ failure to provide required meal and rest breaks, keep detailed records of hours worked and wages paid, and provide attorney-requested wage and hour records within 30-day requirement.

Both plaintiffs were allegedly not paid due wages upon termination of their employment with the caregiving facility, also a requirement under the  California labor code.

The California Wage and Hour Violations Lawsuit is Case No. 8:18-cv-00385-JVS-JDE in U.S. District Court for the Central District of California.

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