Labor Commissioner Cites Four Bay Area Assisted Living Providers More Than $3 Million for Labor Violations

FREMONT, Calif., Oct. 30, 2014 /PRNewswire-USNewswire/ -- California Labor Commissioner Julie A. Su has issued more than $3 million in citations to four assisted living providers in the San Francisco Bay Area. The investigation uncovered minimum wage, overtime and rest period violations for 89 caregivers working at the four businesses.

The citations issued to Common Destiny Care Homes in Fremont, Abraham Rest Home Inc. and Sanchez-Abraham Corporation of Walnut Creek and Concord, and Florian White Dove Care of Brentwood include:

• $1,820,551 for wages and premiums underpaid
• $1,186,308 for liquidated damages
• $121,550 for civil penalties

Common Destiny Care Homes was fined more than $358,700 on October 24 after an investigation found its 24 residential caregivers were required to work more than 8 hours a day—at times up to 17 hour a day—without being compensated the State mandated minimum wage and overtime pay. Employees received daily rates ranging from $60 to $80 per day, averaging sometimes as little as $5 an hour. 

"Caregivers, like all California employees, must be paid at least the state minimum wage of $9 per hour as well as overtime pay for all the work they perform beyond 8 hours per day," said Christine Baker, Director of the Department of Industrial Relations (DIR). The Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE), is a division of DIR.

In the case of the Common Destiny facility, the Labor Commissioner's investigation found that workers were generally required to report for duty the night before their shifts began, and were not paid for the hours spent on site prior to the start of their duties.

Employees were given a sofa bed in a garage as sleeping quarters, and they were frequently required to work, unpaid, during designated sleeping hours when residents required care.

"Working conditions like these will not be tolerated in the State of California," said Labor Commissioner Julie A. Su. "For caregivers, this is a matter of concern not only for the health of the workers but for their ability to provide proper care to those who depend on them.  Workers' well-being is closely tied to the well-being of those they serve.  We encourage all workers to come forward to report violations of labor laws."

The other citations issued on October 24 by the Labor Commissioner totaled more than $996,000 for Abraham Rest Home Inc., $716,000 for Sanchez-Abraham Corporation, and more than $1 million for Florian White Dove Care.

Among its wide-ranging enforcement responsibilities, the Labor Commissioner's office inspects workplaces for wage and hour violations, adjudicates wage claims, enforces prevailing wage rates and apprenticeship standards in public works projects, investigates retaliation complaints, issues licenses and registrations for businesses and educates the public on labor laws.

The most recent information related to California labor laws is available on DIR's website as well as on our Facebook and Twitter pages. Employees with work-related questions or complaints may call the toll-free California Workers' Information Line at (866) 924-9757 for recorded information, in English and Spanish.

For media inquiries contact Erika Monterroza at (510) 286-1164 or Peter Melton at (510) 286-7046.

The California Department of Industrial Relations, established in 1927, protects and improves the health, safety, and economic well-being of over 18 million wage earners, and helps their employers comply with state labor laws. DIR is housed within the Labor & Workforce Development Agency. Non-media inquiries can contact DIR's Communications Call Center at 1-844-LABOR-DIR (1-844-522-6734) for help in locating the appropriate division or program in our department.

SOURCE California Department of Industrial Relations, California Labor Commissioner