Primrose Retirement Communities, LLC: New Lawsuit Filed for Unpaid Overtime and Meal Breaks

The experienced employment attorneys at Coffman Employment Lawyers have filed a new unpaid wages lawsuit against Primrose Retirement Communities alleging that the company has violated federal law by not fully compensating its hourly direct care employees for all overtime wages that they have earned due to its policy of deducting an unpaid meal break from employees’ work hours.

What is the New Primrose Unpaid Overtime Lawsuit About?

The lawsuit alleges that Primrose deducted daily meal breaks from its hourly direct care employees’ pay even when those employees were too busy caring for residents to take full, uninterrupted breaks.

If an employee does not receive a “bona fide meal period,” their employer cannot deduct 30 minutes from the employee’s hours worked. The law requires that bona fide meal periods are not interrupted or shortened. Primrose may not have paid you all the overtime you were owed if it deducted a meal break from your pay when you were unable to take a fully uninterrupted daily meal break of at least 30 minutes where you were completely relieved of your job duties. You may also have not received a bona fide meal period if Primrose deducted a meal break from your pay when you ate on the go or otherwise ate very quickly such that you were unable to take 30 minutes of uninterrupted break time.

What Could I Receive from the Primrose Overtime Case if I Am Eligible and Choose to Join?

If we can show in the lawsuit that you were not properly paid for all overtime work performed for one or more reason(s), the law states that you could receive (1) unpaid overtime for up to the last three years of work; and (2) liquidated damages in an amount equal to the unpaid overtime (aka the potential for double [2x or 200%] damages). If the lawsuit is successful, the law also requires Primrose to pay our firm’s attorneys’ fees and costs.

Can Primrose Retaliate Against Me If I Join?

No. The Fair Labor Standards Act prohibits employers from retaliating against employees for joining a wage and hour lawsuit. If Primrose retaliates, it may be held liable for damages including reinstatement, back pay, and double damages (liquidated damages). More information regarding protection from retaliation is available from the U.S. Department of Labor here. Additionally, if you believe you have experienced retaliation or are concerned about retaliation, please contact our experienced employment attorneys so we can explain your rights and protections.