Labor Commissioner Case Study
Chaleff Rehwald Peterson, a law firm dedicated to protecting the rights of caregivers, is pleased to announce a recent client award in an overtime claim before the Labor Commissioner. Although each caregiver overtime case is unique, many of the same issues come up over and over again. Many times, caregivers are afraid to seek justice because they are fearful of the legal process. This case study of Chaleff Rehwald Peterson’s victory in front of the Labor Commissioner illustrates why these fears can often be overblown.
“Sue” was employed in a residential care facility for disabled adults. She worked as a live-in caregiver for seven years. She was required to sign false time cards stating that she only worked 8 hours per day. In reality, her employer required her to sleep and remain at the facility nearly 24-hours each day she was scheduled to work. At the hearing, her employer testified that the time records were accurate, and that “Sue” and the two other caregivers each worked consecutive 8-hour shifts. The employer stated that no one worked overtime because only 24 total hours of coverage was needed for the disabled residents each day.
Chaleff Rehwald Peterson used staff schedules that the employer filed with the Department of Social Services to show that the employer was legally required to provide much more extensive care, and that the employer’s claimed hours of work could not meet the minimum staffing requirements. The firm was able to discredit the employer’s claim of only 8-hour shifts. Ultimately, “Sue” was awarded over $170,000 in unpaid wages, liquidated damages, penalties and interest.
The owners of the facility also tried to evade personal liability for unpaid wages by claiming they were not liable for the unpaid wages of their corporation. Chaleff Rehwald Peterson convinced the Labor Commissioner that individual liability was not only necessary, but also allowed under the law.
“Sue’s” case illustrates that hiring a lawyer who knows about caregiver overtime laws is vitally important in recovering back due wages. The lawyers at Chaleff Rehwald Peterson are experienced in litigating caregiver overtime cases and are dedicated to the cause of remedying unfair and exploitative working conditions.
While the case presented above is unique and does not guarantee or predict the outcome of other legal matters, this victory does illustrate that many of the problems in a caregiver case can be overcome. For those caregivers ready to stand up for their right to overtime compensation, Chaleff Rehwald Peterson stands ready to help. Please contact us for a free and confidential consultation at (818) 807-4168.
This article is an attorney advertisement written by Daniel Chaleff, Employment Law Attorney at Chaleff Rehwald Peterson. The firm focuses on caregiver rights. All communications are confidential so please call us at (818) 807-4168, 24 hours a day, to learn more about your right to overtime.