Employee alleges senior living facility failed to pay proper overtime

By Jenie Mallari-Torres | Feb 26, 2018

SACRAMENTO — An employee has filed a class action lawsuit against a San Joaquin County senior living business, alleging violation of the labor code and sexual harassment.

SACRAMENTO — An employee has filed a class action lawsuit against a San Joaquin County senior living business, alleging violation of the labor code and sexual harassment.

Robin Andrews filed a complaint, on behalf of herself and all others similarly situated, Feb. 16 in U.S. District Court for the Eastern District of California against Prestige Care Inc., Prestige Senior Living LLC, Manteca Ventures ALF LLC and Does 1-100, alleging violation of the Fair Labor Standards Act in failing to pay proper overtime. 

According to the complaint, Andrews was hired by the defendants Feb. 16, 2017, as an hourly non-exempt employee and eligible for overtime. The suit says Andrews and other similarly situated employees have suffered lost earnings from the defendants' wrongful practice of denying them earned wages for all overtime hours worked, failure to furnish accurate wage statements and failure to investigate Andrews' allegations of sexual harassment within the workforce. 

The plaintiffs allege the defendants failed to furnish accurate itemized wage statements, failed to receive all of their meal and rest periods, and failed to comply with the labor code.

The plaintiffs seek trial by jury, certify the case as a class action, certify Andrews as class representative, civil and statutory penalties, injunctive relief, special, general and punitive damages, attorney fees and court costs, interest and all further relief the court deems just. They are represented by attorneys Robert J. Wasserman, William J. Gorham, Nicholas J. Scardigli and Vladimir J. Kozina of Mayall Hurley PC in Stockton.

U.S. District Court for the Eastern District of California case number 18-cv-378

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