Rosemary A. Valentin, Edgar Valentin, Enelita Velasco, Monica Pineta v. Redwood Convalescent Hospital Inc.
Published: Jun. 21, 2008 | Result Date: May 27, 2008 | Filing Date: Jan. 1, 1900 |Case number: HG06289172 Bench Decision – $44,639
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Facts
The plaintiffs worked for Redwood Convalescent Hospital in various positions or capacities, including CNAs, housekeepers, dietary aides and office clerk. The defendant failed to pay plaintiffs fully for the overtime and double-time hours they worked at the facility. Due to inadequate staffing and the demands of resident care, the regular meal and rest break periods were not made available to plaintiffs.
On numerous occasions, defendant Redwood changed or altered the employee time cards to comply with its improper policies on overtime. The defendant often made these changes arbitrarily.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that defendant Redwood Convalescent Hospital required plaintiffs to work without receiving at least a 30-minute meal break and at least two 10-minute rest periods each day. In addition, Redwood frequently required them to work more than eight hours per day or more than 40 hours per week without paying them over time and double time wages, as appropriate. Redwood also failed to pay plaintiffs Valentin and Pineda their final wages within 72 hours after their employment ended.
DEFENDANT'S CONTENTIONS:
The defendant denied that it failed to grant plaintiffs at least a 30-minute meal break and/or at least two 10-minute periods each day. In addition, defendant denied that it did not pay plaintiffs for over time hours worked.
Result
$44,639 judgment for plaintiffs ($5,126 for Edgar Valentin; $8,014 for Rosemary Valentin; $12,863 for Enelita Velasco; $18,466 for Monica Pineta).
Other Information
Earlier mediation efforts were unsuccessful in settlement conference with the court. NOTE: Motion for Attorneys' Fees is pending. FILING DATE: Sept. 15, 2006.
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