Case details

Caregiver claimed she was paid less than minimum wage

SUMMARY

$89193.6

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
On June 15, 2012, plaintiff Ofelia Zamora began work as a caregiver for Golden Steps Home Care Inc., a home care provider in Pico Rivera. She worked until July 1, 2014. However, Zamora claimed that during her employment, she was misclassified so that she was not paid the correct rate and not provided with proper breaks. Zamora sued Golden Steps Home Care Inc., alleging violations of the Labor Code. Zamora claimed that she was classified as an exempt employee and that based on the incorrect classification, she was paid $108 per each 24-hour shift that she worked. She also claimed that she was not provided with uninterrupted meal and rest breaks. Defense counsel contended that Zamora was an independent contractor that was not subject to the Labor Code., Zamora sought recovery of the applicable unpaid minimum wages and liquidated damages pursuant to California Labor Code §§ 1194 and 1194.2, plus interest thereon. She also sought recovery of meal- and rest-break premium wages pursuant to Labor Code § 226.7 and Labor Code penalties. In addition, she sought recovery of unpaid wages for the violation of Labor Code §§ 203 and 226. Defense counsel argued that even if Zamora was subject to the Labor Code, her alleged damages were speculative.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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