Sunrise Senior Living Overtime and Breaks California Class Action

Sunrise Senior Living Services, Inc. and related Sunrise companies are accused in this class action of not obeying California Labor Laws and Industrial Wage Orders, on topics such as overtime pay, proper meal and rest breaks or compensation for missed breaks, and “downstream” violations that spring from these initial violations, such as inaccurate wage statements and waiting time penalties.

The class for this action is all current and former hourly or non-exempt employees of Sunrise Senior Living Services, Inc., Sunrise Senior Living Management, Inc., and Sunrise Senior Living, LLC who worked for the companies in California at any time between December 14, 2016 and the entry of final judgment in this case.

The two plaintiffs in this case worked for the companies as caregivers at its elderly care facility, Sunrise Villa San Ramon. Myrna Altamirano was employed with them from around August 22, 2016 to November 30, 2018. Angela Samson was employed with them from around April 22, 2008 to April 7, 2018.

Both plaintiffs arrived and began work before their scheduled shifts four or five days a week, the complaint alleges, and the companies “were aware that [they] started work before they clocked in. However, [the companies], as a matter of policy and practice, failed to pay [them] wages for the hours worked” before and after their shifts.

After their scheduled shifts, and after they had clocked out, they “were required by [the companies] to continue working until the next caregivers clock[ed] in. This happened approximately two (2) to three (30 days per week.” However, the companies did not pay them overtime for this.

The plaintiffs were also not given proper, uninterrupted meal breaks. The complaint alleges that the women had to have with them, even during their meal periods, a buzzer by which the elderly residents could call them for help.

“Oftentimes,” the complaint claims, the employees “did not clock out for meal period[s] because of lack of staff in [the companies’] elderly care facilities.” Also, their meals breaks were often less than the thirty minutes required by law, given late, or not given to them at all.

Similarly, the complaint alleges that they were not given proper rest breaks.

Under California law, if employees are not given the meal or rest breaks required by law, they must be paid an extra hour of wages as a penalty. However, the complaint alleges that they did not receive this money either.

The result of this, the complaint says, is that they did not receive accurate wage statements that reflected the missed break times and penalties due for them.

Finally, the companies did not pay employees all wages due them at termination. Under California law, if workers are not paid all money due to them promptly after termination, they may be owed waiting time penalties—that is, a continuation of their wages for up to thirty days.

Article Type: Lawsuit
Topic: Employment
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Failure to Pay All Wages Due at Termination, Unpaid Overtime