Sunny Acres sober-living facility founder Dan DeVaul and his attorneys objected to the labor lawsuit filed by three residents and program participants, arguing that the plaintiffs are not traditionally defined employees.
Filed on Aug. 9 by Tardiff & Saldo Law Offices, the notice of objection defined the case as "not a typical wage and hour case of employee against employer." Sunny Acres filed the original labor litigation in April, accusing DeVaul of failing to provide minimum wage, overtime, double time compensation, and rest and meal periods in exchange for work like cutting and selling firewood, growing pumpkins, and selling Christmas trees.
"Labor Code 512 requires California employers to give unpaid lunch breaks to non-exempt employees. Under California Labor Code Section 201, employers generally must pay a discharged employee earned and unpaid wages immediately upon the employee's termination. The key word is 'employee' and at no point in the complaint do plaintiffs allege sufficient facts to support the allegation that they were employees," the objection stated.
The Sunny Acres ranch and the addiction-recovery nonprofit it hosts hold a controversial space in San Luis Obispo County lore. The property is now caught between DeVaul and his supporters, the residents who live on-site and manage the sobriety program, and county officials who have been eyeing numerous code violations that occurred on DeVaul's watch.
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