ARC OF SAN DIEGO DSP WORKERS BRING CLASS ACTION FOR MISSED MEAL BREAKS & UNREIMBURSED CELL PHONE EXPENSES

Eight employees of the Arc of San Diego who are nonexempt Direct Support Professionals (DSP) workers in the community based program filed a putative class action lawsuit in San Diego Superior Court. The lawsuit goes back three years from April 24, 2019 to sue for California Labor Code Section 226.7 violations for failure to permit meal or rest breaks and/or pay for missed rest and meal breaks, the same three years for California Labor Code Section 2802 violations due to the Arc’s failure to reimburse for cellular phone bills, and four years back for the California Business and Professions Code Section 17200 cause of action for failure to provide meal and rest breaks and to reimburse for cellular phones. The lawsuit alleges persons with the same job titles as the employees who brought the lawsuit also worked at The Arc of San Diego’s San Marcos, El Cajon, Chula Vista, and Market Place locations all within the County of San Diego, and experienced the same violations.

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Besides seeking compensation for working through rest breaks through California Labor Code Section 226.7 which provides for one hour of pay due to having to work through rest breaks, the Arc of San Diego DSP workers in the community based program allege The Arc of San Diego violated California Labor Code Section 226 because each of Plaintiffs’ paychecks were wrong on each paystub because the checks did not show missed meal break or rest break penalties. Accordingly, Sections 226(1) and (5) were violated for all Plaintiffs because gross and net wages were not properly reflected. Missed meal and rest break penalties under Section 226.7 were not paid, nor reflected on the checks. The Plaintiffs pray for statutory California Labor Code Section 226(e) damages of $50.00 for the first violation and $100.00 for each subsequent violation.

CALL (619) 320-3000 FOR INFORMATION ON THE ARC OF SAN DIEGO PUTATIVE CLASS ACTION BROUGHT BY THEIR EMPLOYEES

NEAR MINIMUM WAGE WORKERS NOT REIMBURSED FOR CELL PHONES AT THE ARC OF SAN DIEGO

The Arc employees who have brought a putative class action for unreimbursed cell phone expenses earned near minimum wage. During the day they were responsible for brining dependent adults (often referred to as consumers) out into the community. The Arc of San Diego required Plaintiffs to own cellular phones, and use them throughout their shifts. The Arc of San Diego regularly communicated with Plaintiffs on their cellular phones, including when Plaintiffs were out in the community with the dependent adults. Without Plaintiffs’ cellular phones The Arc of San Diego’s supervisors and managers had no means of supervising and managing them. In addition, due to the population Plaintiffs were assisting it was critical that they had a means of communicating in the event of an emergency or due to any questions about the dependent adults’ needs. Plaintiffs contend the use of their cellular phones was required by The Arc of San Diego and reasonably necessary.

In their putative class action lawsuit Plaintiffs pray for reimbursement for cellular phone bills during the period of time they were employed by The Arc of San Diego within the statutory period of California Labor Code Section 2802 which they contend goes three years back from April 24, 2019 and continues into the future. While the Plaintiffs to the lawsuit are committed to helping the consumers in The Arc of San Diego’s community based program, these employees are only provided approximately seven hours of work per day, and are paid only slightly above minimum wage which causes many of the Plaintiffs to have other jobs. Plaintiffs are not in a financial position to pay for cell phones that are required for the use of their job.

CALL (619) 320-3000 FOR INFORMATION ON THE ARC OF SAN DIEGO CELL PHONE REIMBURSEMENT LAWSUIT BROUGHT BY THEIR EMPLOYEES

ARC OF SAN DIEGO DIRECT SUPPORT PROFESSIONALS NOT ALLOWED UNINTERRUPTED REST BREAKS

California law requires that nonexempt employees be allowed completely relieved rest breaks. The Plaintiffs in the putative class action brought against the Arc of San Diego, and the proposed class, are or were all Direct Support Professionals (DSPs) in The Arc of San Diego’s community based program. Their job was to take dependent adults, who appeared at The Arc of San Diego’s adult day centers, out into the community. Due to The Arc of San Diego’s imposed 3:1 staffing ratio the Plaintiffs were not able to take rest breaks or meal breaks during their seven hour shifts. Until on or about February of 2019 The Arc of San Diego’s management instructed the Plaintiffs it was too distracting to have Plaintiffs go out into the community as groups. However, now that Plaintiffs can go out in the community as groups they are still prevented from taking meal and rest breaks because if one of the DSPs were to take an uninterrupted rest break of 10 minutes or an uninterrupted meal break of 30 minutes the required staffing ratio for dependent adults would not be met. The lawsuit alleges The Arc of San Diego created these issued through understaffing and failing to employ somebody capable of standing in for Plaintiffs and the class when they go on meal or rest breaks.

ARC OF SAN DIEGO EMPLOYEES QUESTION THE VALIDITY OF MEAL BREAK WAIVERS THEY WERE FORCED TO SIGN

Besides not getting 10 minute rest breaks, the employees who filed a putative class action against The Arc of San Diego challenge the validity of the meal break waivers they were forced to sign. Part of the lawsuit alleges that under California Labor Code Section 226.7 they should be paid a meal break penalty of one hour of pay for every hour they were forced to work through their meal breaks.

CALL (619) 320-3000 FOR INFORMATION ON THE ARC OF SAN DIEGO MEAL BREAK LAWSUIT