A former caregiver at an assisted living residential care facility sued the facility to recover years of unpaid overtime as well as statutory penalties resulting from missed meal and rest breaks. Although the facility insisted that it treated all its workers fairly and that all breaks were given and no overtime was worked, its informal timekeeping and payroll procedures were inadequate to support its defenses. CDF’s vigorous discovery and investigation uncovered resume fraud by the plaintiff in connection with his initial job application, including forged I-9 documents, and possible fraud by the plaintiff and his wife in connection with an earlier workers’ compensation claim. After confronting the plaintiff with these issues in deposition, CDF was able to settle the case on terms very favorable to its client. CDF also thoroughly audited and updated the client’s timekeeping and payroll practices to avoid any repetition of such claims by employees in the future.
Superior Court of California, County of Placer