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Live-in Caregivers Awarded $360,000 in Wage Theft Case

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Posted by: CEA's HR Advisor Team on Wednesday, September 20, 2017 at 12:00:00 am

The two caregivers, who worked at residential care facilities in Antioch and San Lorenzo for adults with developmental disabilities, filed wage claims in December 2014 and March 2015 alleging they were owed $84,308 and $106,488, respectively. Following a 2015 hearing, the Labor Commissioner’s Office awarded the workers $118,676 and $195,448 because for years they were being paid a daily rate for their 24-hour shifts, which resulted in underpaid regular wages and no overtime pay. The workers were required to be on duty through their meal breaks and were denied uninterrupted sleep periods when working overnight.

The Labor Commissioner’s Office is authorized to directly issue notices of levies on employers’ property to banks and third parties, and hold that property until the judgement is satisfied.

The workers were awarded $180,106 in underpaid regular wages and unpaid overtime, $86,009 in liquidated damages, $34,832 in interest, $13,177 in additional wages, and $46,015 in accrued post-judgment interest.

Source: State of California Department of Industrial Relations, News Release No. 2017-65, July 27, 2017, http://www.dir.ca.gov/DIRNews/2017/2017-65.pdf; S.B. 588, L. 2015, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB588.

Wage order 5.

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