Barbara Bowlin-Burdick, et al. v. Life Care Centers of America, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
BARBARA BOWLIN-BURDICK and LUCY CHAVEZ, as individuals and on behalf of all others similarly situated, Plaintiffs, vs. LIFE CARE CENTERS OF AMERICA, INC., a Tennessee Corporation; and DOES 1 through 100, Defendants. | Case No. BC657139 NOTICE OF CLASS ACTION |
YOU ARE RECEIVING THIS NOTICE BECAUSE YOU MAY BE A MEMBER OF ONE OR MORE OF THE FOUR CLASSES DEFINED BELOW THAT WERE CERTIFIED FOR CLASS ACTION TREATMENT BY THE HONORABLE JUDGE MAREN NELSON.
THIS IS AN IMPORTANT NOTIFICATION TO CLASS MEMBERS. PLEASE READ IT CAREFULLY. YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR NOT.
Late First Meal Period Class: All current and former non-exempt employees of Life Care Centers of America, Inc. (“Life Care”), who were
employed in any of the following positions: Registered Nurse (“RN”), RN Unit Nurse, Licensed Vocational Nurse (“LVN”), LVN Unit Nurse, LVN Treatment Nurse, Certified Nursing Assistant (“CNA”), Nursing Aide, and/or Restorative Certified Nursing Assistant (“RNA”), during the time period July 16, 2015 through November 23, 2020, at any of the following Life Care’s California owned locations: (1) Bel Tooren Villa Convalescent Hospital, (2) Life Care Center of Menifee, (3) Rimrock Villa Convalescent Hospital, (4) North Walk Villa Convalescent Hospital, (5) La Habra Convalescent Hospital, and (6)Mirada Hills Rehabilitation and Convalescent Hospital.
On-Premises Rest Period Class: All current and former non-exempt employees of Life Care, who have worked at any of Life Care’s California locations at any time from May 2, 2016 through November 23, 2020.
Wage Statement Class: All current and former non-exempt employees of Life Care who: (i) were paid at least one meal period premium payment that was denoted on their wage statement as an hour of “regular” pay; and/or (2) are members of the Late First Meal Period class and/or On- Premises Rest Period Class and who received at least one wage statement, at any time from April 10, 2016 through November 23, 2020.
Waiting Time Penalty Class: All members of the Late First Meal Period Class and/or On-Premises Rest Period Class who separated their employment from Life Care Centers of America, Inc. at any time from July 16, 2015 through November 23, 2020.
The purpose of this Notice is to advise you about this class action lawsuit, including your rights in connection with the case. This notice is not intended to be an expression of any opinion by the Court as to the merit of the claims or defenses in this case.
In this lawsuit, Plaintiffs Barbara Bowlin-Burdick and Lucy Chavez (“Plaintiffs”) allege that Life Care failed to provide members of the Late First Meal Period Class, defined above, with timely meal periods prior to the conclusion of the fifth hour of work. It also alleges that Life Care prohibited members of the On-Premises Rest Period Class from leaving the premises during their rest periods. This lawsuit further alleges that, on those occasions when Life Care did not provide timely meal periods to members of the Late Meal Period Class and/or allow On-Premises Rest Period Class Members to leave the premises during rest periods, Life Care failed to pay all meal and rest period premiums owed pursuant to California Law.
Life Care denies it did anything wrong and contends that it complied with all applicable laws and regulations regarding the provision of meal periods, rest periods, and wage statements. The Complaint on File, Life Care’s Answer to the Complaint and the Class Certification Motion and Order are available for viewing online www.lifecarelawsuit.ilymgroup.com.
As a result of Life Care’s alleged failure to provide meal and rest periods and alleged failure to pay all meal and rest period premiums, this lawsuit is seeking unpaid meal premiums on behalf of the Late First Meal Period Class, unpaid rest period premiums on behalf of the On-premises Rest Period Class, waiting time penalties for all former employees who are members of the Late First Meal Period Class and On-premises Rest Period Class and who separated from employment with Life Care after July 16, 2015, as well as wage statement penalties for all current and former members of the Late First Meal Period Class and On-premises Rest Period Class who received at least one wage statement from April 10, 2016 through November 23, 2020.
Plaintiffs also allege that when Life Care did pay meal period premiums, it listed them on employees’ wage statements as “Regular” hours worked, and thereby provided an inaccurate accounting of hours worked on employee wage statement, entitling employees to wage statement penalties. As a result, Plaintiffs seek wage statement penalties on behalf of any current or former non-exempt employee who received a wage statement reporting meal period premiums as “Regular” hours, at any time from April 10, 2016 through November 23, 2020.
On November 23, 2020, Judge Maren E. Nelson of the Los Angeles County Superior Court (the “Court”) issued an Order certifying the four Classes identified on page 1 of this Notice, meaning that the claims mentioned above may proceed as a class action. Collectively, the members of the four Classes are referred to as “Class Members.” The Court also appointed Plaintiffs as Class Representatives, and Plaintiffs’ lawyers as “Class Counsel.”
By allowing the lawsuit to proceed as a class action, the Court has not made any determination about the merits of the claims. All Class Members will be bound by the outcome of the Court’s ultimate ruling on Plaintiffs’ claims unless they timely exclude themselves from the Class(es), as described below.
If Plaintiffs prevails on their claims, Plaintiffs will ask the Court to award appropriate relief, including payment of all unpaid meal and rest period premiums to the Late First Meal Period Class and On-Premises Rest Period Class, payment of waiting time penalties to the members of the Waiting Time Penalty Class, and payment of wage statement penalties to the members of the Wage Statement Class.
The Court has not yet set a trial date. The Court has ordered that this notice be mailed to the Class Members. This notice explains the nature of the lawsuit and informs the Class Members of their legal rights.
Life Care does not owe any money now. No money or benefits are available now because the Court has not yet decided whether Life Care did anything wrong, nor has there been any settlement of the case. There is no guarantee that money or benefits ever will be found to be owed or obtained. If you remain in the class and the Court determines that money is found to be wed, you will be notified about how to receive the money owed to you.
If you wish to remain in the lawsuit and participate in any potential recovery, you DO NOT need to do anything at this time. You will be represented by the attorneys for Plaintiffs and the Classes, who have taken the case on a contingency basis, meaning they will be paid only if they obtain a recovery for the Class Members. Any fee eventually paid to Class Counsel must be approved by the Court, which may require payment to be deducted from any recovery obtained in this lawsuit, or paid by Life Care, or both.
Excluding Yourself from the Class. If you do notwish to be a part of the Classes or if you wish to bring your own individual lawsuit against Life Care, you may exclude yourself by sending a signed statement, including your name, address, telephone number, and signature, to the Class Action Administrator, postmarked no later than May 6, 2021, stating that: (1) you stating that: (1) you are requesting to be excluded from the Classes in the case Barbara Bowlin-Burdick, et al. v. Life Care Centers of America, Inc.; and (2) you understand that by excluding yourself from the Classes, you will receive no monies or payments in connection with the case. Send the written request for exclusion directly to ILYM Group, Inc. P.O. Box 2031 Tustin, CA 92781. Any Class Member who files a timely request for exclusion from the Classes shall, upon receipt, no longer be a Class Member, shall be barred from participating in the lawsuit, and shall receive no benefits from any future recovery.
The final judgment in this case, whether in favor of Plaintiffs or Life Care, will bind all Class Members who do not timely request exclusion.
Any questions or requests for further information concerning this notice should be directed to Class Counsel, whose contact information is listed below:
HAINES LAW GROUP, APC | LAW OFFICES OF KEVIN T. BARNES |
AZADIAN LAW GROUP, PC | |
This notice is only a summary of the lawsuit. For more information, you may inspect the Court’s files at Office of the Clerk of the Los Angeles County Superior Court, located at 111 North Hill Street, Los Angeles, California 90012 during regular court hours. Court filings are also available for viewing online at https://www.lacourt.org/. You may also contact Class Counsel using the contact information listed above for more information.
PLEASE DO NOT CONTACT THE COURT REGARDING THIS MATTER.