Caregivers at Assisted Living Facilities to Receive $9.5M for Unpaid Wages

Caregivers at Assisted Living Facilities to Receive $9.5M for Unpaid Wages

Caregivers for an assisted living facility have received preliminary approval in recovering a significant settlement for owed wages. A California federal judge has given initial approval of a $9.5 million wage deal for claims that caregivers brought under the Fair Labor Standards Act (“FLSA”) against Frontier, a senior living home operator.Approximately 1,000 current and former caregivers for Frontier stand to benefit from this payout ending allegations that they went unpaid for off-the-clock work during breaks.

This collective action, which was filed back in September of 2019, had alleged several federal and state wage and hour violations. Specifically, claims had included that Frontier failed to: (1) pay affected caregivers the proper minimum and overtime wages for all work completed off-the-clock; (2) provide affected caregivers with a reasonable opportunity to take meals and rest periods, and to compensate affected caregivers when meal and rest periods were not taken; (3) reimburse business expenses; and (4) issue accurate, itemized wage statements.Caregivers were expected to remain on duty and handle issues concerning their patients and facility personnel by carrying and answering their communication devices during their scheduled shifts, including rest breaks and while clocked out for meal periods. They alleged they were not compensated for work performed while clocked out for meal periods. The monetary settlement in this matter will be distributed to workers based on workweeks worked for Frontier.

If you work for an assisted living facility as an hourly, non-exempt caregiver, make sure you are getting paid properly for all hours worked. This lawsuit and successful resolution highlights the frequently encountered issues working in this industry with regard to significant unpaid wages. If you believe you may be working and not compensated for all of the time spent completing work, give our firm, Fitapelli & Schaffer, LLP, a call for a free and confidential consultation at (212)300-0375. You can also view our website here for additional helpful information regarding your employment rights.