Class actions have been filed against various senior living facilities, including Sunrise Senior Management, Inc., alleging that facilities are understaffed and not patients do not receive proper care. This class action is from the other side of the coin, an employee of Sunrise Senior Living alleging that the company violated California Labor Laws and Industrial Wage Commission (IWC) Wage Orders by not giving workers accurate itemized wage statements of the overtime work they performed.
The class for this action is all current and former non-exempt employees of Sunrise Senior Living Management in California who were paid overtime wages at any time between June 18, 2018 and the present.
Plaintiff Anthony Tunstall worked as a care manager for Sunrise from June 2017 to April 2019. During this time, he was a non-exempt, hourly employee.
The complaint alleges that Tunstall and his fellow employees were not given proper, accurate, itemized wage pertaining to their work at Sunrise.
The brief complaint—only nine pages long—does not go into its allegations in much detail. It merely suggests that the wage statements do not proper show the details of rates and hours. It does not specifically allege that the overtime rates were miscalculated or that hours were paid at straight time when they should have been paid at overtime, so it’s unclear if any problems are suggested beyond the lack of proper detail.
Under California labor law, wage statements for hourly workers must show the various hourly rates at which the employees worked during the statement period, and to show the number of hours worked at each rate to arrive at the total wages for the period.
However, according to the complaint, the wage statements given to Tunstall and other similar workers at Sunrise “failed to identify the hourly rate and number of hours used to calculate overtime wages.”
The complaint asks that the court certify the class and appoint the action’s counsel as class counsel. Also, it asks for damages and penalties relating to the California Labor Code’s Section 226 and for civil penalties relating to the California Labor Code’s Section 2699. Finally, it asks for attorneys’ fees and costs, and for “such other and further relief the Court may deem just and proper.”