34 Nursing Homes Sued Over FLSA Violations

On Friday a case was removed from Los Angeles County Superior Court to the Central District of California; the underlying case is a class action private attorney general action against Windsor Nursing, alleging that the 34 nursing homes violated the state’s labor laws.

The case was filed by three representatives of a class of employees who were employed by the Windsor Nursing Home chain as hourly employees. The plaintiffs allege that the defendants violated the California Labor Code by failing to provide meal and rest periods, failing to pay wages timely, failing to provide complete and accurate wage statements, and failure to timely pay remaining wages following separation of employment.

Specifically, the plaintiffs allege that the defendants routinely set the plaintiffs up with work shifts that should have included a meal period and rest periods, but provide no opportunity or facilities to take such breaks, but did not compensate the plaintiffs for the extra hours worked as a consequence of not taking the breaks. This action caused a failure to pay timely, a failure to provide work records that accurately reflected the time worked, and a failure to pay wages after separation.

The plaintiffs are seeking payment of the additional wages, penalties for violation of the Labor code standards, and injunctive relief preventing this failure to pay in the future. The plaintiffs are represented by Lavi & Ebrahimian, LLP. The defendants are represented by Raines Feldman.