Ex-employer failed to pay overtime wages, give uninterrupted meal periods, late party alleged

In a recent case, the plaintiff’s death meant that the court should dismiss her claim under the Private Attorneys General Act of 2004 (PAGA). Substitution of the representative plaintiff was improper, given that the substitute did not meet PAGA’s prerequisites.

In Stephanie Hargrove v. Legacy Healthcare, Inc. et al., the late plaintiff worked for San Bernardino Convalescent Operations, Inc. – doing business as Legacy Post-Acute Rehabilitation Center – as an hourly-paid restorative nursing assistant/certified nursing assistant from around August 2014 to August 2015.

The plaintiff brought a PAGA action against her former employer and others. She asked the court for remedies for certain violations of California’s Labor Code for herself, for the State of California, and for all other aggrieved employees.

The plaintiff alleged that her ex-employer failed to do the following:

• to pay overtime wages at the correct rate;
• to offer sufficient break coverage;
• to give uninterrupted meal periods;
• to keep and to provide true, accurate, and complete employment records, time records, and wage statements;
• to reimburse the costs of uniforms;
• to furnish basic information relevant to the employment relationship.

The plaintiff amended her complaint, initiated in 2016, to add two separate defendants in 2017 and in 2018.

In 2020, during the discovery phase of the proceedings, the plaintiff passed away....

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