Case details
Managers’ claimed they should have been paid for overtime
SUMMARY
$7500000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
FACTS
Between approximately June 2010 and June 2013, plaintiff Sallie Cwik and several other resident managers and co-managers worked for Harvest Management Sub LLC, doing business as Holiday Retirement. They alleged that during that time, they were unfairly compensated. Cwik, acting as the class representative of over 3,500 resident managers and co-managers, sued Harvest Management Sub LLC. Cwik and the other class members alleged that they were denied proper wages despite working long hours in the company’s retirement facilities. Cwik claimed that the resident managers and co-managers spent much of their time performing non-exempt duties, such as making coffee, assisting residents, and handling housekeeping and maintenance issues. She also claimed that resident managers and co-managers were expected to working until the retirement community closes at 7 p.m. or later, depending on resident activities, and that were expected to be “on call” until 11 a.m. the following day to tend to residents that had after-hours emergencies. Thus, Cwik alleged that resident managers and co-managers did not perform managerial duties as their primary job responsibility and, therefore, were not executive or administrative employees subject to exemptions from overtime and other Fair Labor Standards Act requirements. Harvest Management denied all allegations. It contended that it properly classified the managers and co-managers as exempt from overtime compensation requirements and that it compensated the managers lawfully., Cwik and her fellow resident managers and co-managers sought unpaid overtime compensation, plus liquidated damages, costs of suit, and attorney fees available under the Fair Labor Standards Act.
COURT
United States District Court, Central District, Los Angeles, CA
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