View of a room in an assisted care facility

California Senior Living Community Workers Get $5.5 Million in Wage and Hour Class Action

(Please note that this article is for informational purposes only. McCormack Law Firm is not involved in the class action White v. Eskaton et al.)

Caregivers and other workers at long-term care facilities deal with many on-the-job challenges. A tiring workload and demanding job duties are just some of the working conditions they encounter daily. Workers who commit to the care of residents deserve to be paid fairly for their work.

Unfortunately, wage theft is a growing problem in senior living communities and other similar facilities. Workers are often not paid their total wages or treated fairly under California labor laws. Workers are commonly cheated out of overtime pay and not reimbursed for employment-related expenses in wage theft cases. Employers wrongly believe they can get away with cutting corners when it comes to paying employees their rightful wages.

Workers who experience similar wage and hour violations can unite to stand up against their employer and demand that they are paid for what they are owed. A recent case saw employees at a senior living community in Northern California take legal action against their employer.

The employees filed a class action lawsuit in Sacramento County Superior Court against Eskaton Properties and California Healthcare Consultants. The case, White v. Eskaton et al., alleged multiple violations of state wage and hour laws. Eskaton Properties agreed to pay a $5.5 million settlement to resolve the lawsuit without admitting wrongdoing.

Non-exempt, hourly California employees who worked at Eskaton Properties Inc. or California Healthcare Consultants Inc. between June 2, 2017, and June 11, 2022, qualified for the settlement. Each class member will receive compensation based on the number of weeks they worked during the period covered by the lawsuit. Employees who worked for the entire period will receive a larger share than those who worked fewer weeks.

According to the complaint, the companies engaged in systematic wage theft. Eskaton Properties Inc. and California Healthcare Consultants Inc. failed to pay their workers for all regular and overtime hours worked. Additionally, they did not provide meal and rest breaks as required by state labor laws.

The companies also did not reimburse employees for business expenses or mandatory physical tests. Other alleged California labor law violations included not providing accurate wage statements, failing to keep correct pay records, and not paying wages on time upon termination.

If you are experiencing wage and hour violations, you may be wondering whether you can benefit from a class action lawsuit. There are several critical differences between class actions and individual claims.

An individual claim involves suing your employer on your own. In a class action lawsuit, a small group of workers represents a larger group of employees who have suffered the same or similar violations. The resulting settlement or jury award is split among all class members.

While these are the fundamental differences between the two types of lawsuits, each worker’s situation is unique. An experienced employment lawyer can evaluate the details of your circumstances and help you understand the pros and cons of each type of case when it comes to recovering your unpaid wages.

Although McCormack Law Firm is not handling this class action lawsuit, we have extensive experience fighting for workers’ rights in individual employment claims and class actions. Our skilled employment attorneys are ready to guide you through California’s legal process and help you determine whether your employer has violated any labor laws.

If you are not being paid the wages you are owed, a San Francisco employment lawyer can help you. Contact us for a free case evaluation to learn more. There is no cost to speak to an employment lawyer at McCormack Law Firm about your case.

McCormack Law Firm employment lawyers will not pressure you to take legal action immediately. We will clearly explain the options available to you and the differences between class actions and individual claims. Call 415.925.5161 for a free consultation, or fill out our online form.

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