SAN DIEGO—The San Diego labor law attorneys at Zakay Law Group, APLC and JCL Law Firm, APC, filed a class action complaint against Aloha Home Health Care Services, LLC, for allegedly failing to provide meal and rest breaks. The class action lawsuit is currently pending in the San Diego County Superior Court of the state of California.
According to the lawsuit, Aloha Home Health allegedly violated California Labor Code Sections §§ 201, 202, 203, 204, 210, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, 1198.5 and 2802 by failing to pay minimum wages, pay overtime wages, provide required meal and rest periods, provide accurate itemized wage statements, provide wages when due and reimburse for required business expenses.
As a result of their work schedules, Aloha Home Health's employees were allegedly unable to take off-duty meal breaks and were not fully relieved of duty for meal periods. Specifically, the lawsuit alleges employees were, from time to tim,e interrupted during their off-duty meal breaks to complete tasks for Aloha Home Health. Employees were allegedly required to perform work as ordered by Aloha Home Health, for more than five hours during a shift without receiving an off-duty meal break.
Further, the lawsuit alleges Aloha Home Health failed to provide employees with a second off-duty meal period each workday, in which these employees were required by Aloha Home Health Care Services, LLC, to work 10 hours of work. The policy of Aloha Home Health, allegedly caused employees to remain on-call and on duty during what were supposed to be their off-duty meal periods. Employees, therefore, allegedly forfeited meal breaks without additional compensation and in accordance with the strict corporate policy and practice of Aloha Home Health.