Maria Braga v. AccentCare, Inc.San Francisco Superior Court Case Number CGC-07-467071Case Type: Employment, wage and hourThe San Francisco Superior Court recently approved class certification in this class action case challenging AccentCare’s compensation practices. The case was filed in 2007 and The Sturdevant Law Firm joined the case in 2009. Class members are in-home caregivers who provide assistance to AccentCare clients who have disabilities, convalescence, or other significant life disruptions. They are paid on an hourly basis for time spent with clients in the client’s home. Defendants’ failure to pay wages for all hours worked has caused these low-wage workers substantial economic and emotional harm.
On January 25, 2010, the court certified two classes of current and former AccentCare employees as follows:
First, the “rounding class” that consists of: all Care Partners who worked for Defendant AccentCare, Inc. and/or Defendant AccentCare of California, Inc. on an hourly basis in the State of California at any time between September 11, 2003 and January 25, 2010, who were required to use defendants’ OnTimeTM telephony timekeeping system to record their time and whose time records were subjected to defendants’ rounding practice resulting in nonpayment of compensation for the Care Partner’s actual time worked and in pay statements that did not accurately reflect the time they worked.
Second, the “missed shifts class” that consists of: all Care Partners who worked for Defendant AccentCare, Inc. and/or Defendant AccentCare of California, Inc. on an hourly basis in the State of California at any time between September 11, 2003 and January 25, 2010, who were required to use defendants’ OnTimeTM telephony timekeeping system to record their time and whose time records were subjected to defendants’ payroll/billing verification procedures resulting in nonpayment, underpayment or late payment of compensation for the Care Partner’s actual time worked and in pay statements that did not accurately reflect the time they worked.
The Sturdevant Law Firm is co-counseling with Figari Law, LLP and Law Offices of Lawrence A. Organ on this case. If you would like more information about this case, please contact Kathy Becker or Monique Olivier at (415) 477-2410. Thank you.
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