SAN JOSE, Calif. — The operator of five assisted living facilities in San Jose, Calif. owes $443,460 for alleged California law minimum wage and overtime violations, according to a citation announced March 28 by the California Department of Industrial Relations.
The company, TJ Homes Corp., must pay 22 caregivers $192,050 in back wages, $150,200 in liquidated damages and $26,855 in interest, the DIR Labor Commissioner’s office said in a statement. The state also is seeking $74,355 in civil penalties.
The DIR received a complaint in April 2015, and an investigation of the adult care centers revealed that employees were not paid overtime despite working up to 12 hours per day. They also were forced to cover night shifts without pay, paid below San Jose’s $10.30 per hour minimum wage and given pay stubs with missing information, the state said.
Overtime in California
Pursuant to the California Labor Code, nonexempt employees are required to be paid overtime if they work beyond eight hours in any workday or more than six days in any workweek at not less than one and one-half times their regular rate of pay for all hours worked in excess of eight hours upto and including twelve hours in any workday, and for the first eight hours worked on the seventh consecutive workday in a workweek. If an employee works in excess of twelve hours in any workday or works in excess of eight hours on the seventh consecutive day of work in a workweek, he or she must be paid double the regular rate of pay for those excess hours.
Recordkeeping Requirements Under California Labor Code
Employers must keep accurate wage and hour records for nonexempt employees in California that includes the following information:
- The full name, home address, occupation/job title and Social Security number for all employees, plus the date of birth for employees who are minors.
- When nonexempt employees begin and end each work period, meal period and split-shift intervals, with total hours worked each day. Meal periods during which operations cease and authorized rest periods do not need to be recorded.
- Total hours worked, applicable rate of pay and total wages paid each payroll period, including value of board, lodging or other compensation actually furnished to the employee.
If you believe that your employer is not properly paying you for the hours you work, including any overtime, you may have a valid wage claim. You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.