Caballero Wage Case Settlement Approved in California

Case Background

Joel Caballero worked for The Ensign Group, Inc., Claremont Foothills Health Associates LLC, and Christopher Christensen from 2006 to December 4, 2018. He assisted patients and collaborated with staff in his role. Caballero later filed a class action on behalf of himself and similarly situated employees, alleging violations of the California Labor Code.

Cause

Caballero claimed the defendants failed to comply with wage and hour laws. He alleged they did not pay overtime and minimum wages as required. Overtime was sometimes paid at the regular rate instead of the lawful rate. The company did not provide timely meal breaks or required rest periods. Wage statements allegedly contained inaccurate information on gross wages, total hours, and hourly rates. The defendants also failed to reimburse employees for uniforms and separate laundering costs.

Injury

Caballero and other employees allegedly lost wages due to underpayment and missed break premiums. They experienced financial harm from delayed final paychecks and unreimbursed work expenses. The lack of accurate wage records created uncertainty about proper compensation.

Damages

Caballero sought compensation for unpaid wages, missed meal and rest period premiums, unreimbursed expenses, and waiting time penalties. He also requested statutory penalties, restitution, and attorney’s fees.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Caballero Fermelisa | Caballero Joel
Counsel for Plaintiff: David D. Bibiyan | Jeffrey D. Klein | Joshua Shirian
Defendant(s): Christopher Christensen | Claremont Foothills Health Associates LLC | The Ensign Group Inc.
Counsel for Defendants: Julie Rae Trotter

Claims

Caballero filed claims for:

Failure to pay overtime wages.
Failure to pay minimum wages.
Failure to provide meal periods.
Failure to authorize and permit rest periods.
Waiting time penalties for late final wages.
Wage statement violations.
Failure to reimburse expenses under Labor Code § 2802.
Unfair competition under California law.

Defense

The Ensign Group, Inc., Claremont Foothills Health Associates LLC, and Christopher Christensen generally denied all allegations in Joel Caballero’s Class Action Complaint and asserted multiple affirmative defenses. They argued the complaint failed to state a cause of action and claimed various legal bars, including statute of limitations, offset, waiver, estoppel, unclean hands, and failure to mitigate damages. The defendants also contended that Caballero suffered no injury, that the de minimis doctrine applied, and that they acted in good faith.

Additional defenses included compliance with all record-keeping requirements, lack of knowledge of any missed breaks, provision of authorized meal and rest periods, and the assertion that certain activities were not “work” under the law. They also alleged that the plaintiff delayed prosecution of the claims. The defendants demanded a jury trial and were represented by CALL & JENSEN, A Professional Corporation.

Judgement

The Los Angeles County Superior Court entered judgment approving the class and representative action settlement between plaintiffs Joel and Fermelisa Caballero and defendants The Ensign Group, Inc., Claremont Foothills Health Associates LLC, and Christopher Christensen. The settlement covers all hourly, non-exempt employees of Claremont in California from December 3, 2015, to January 3, 2024, with no opt-outs or objections. Within set timelines, Claremont must fully fund the gross settlement amount, payroll taxes, and related payments for class members, PAGA aggrieved employees, attorneys’ fees, costs, and administration. The judgment releases the defendants and related parties from all claims and PAGA penalties alleged or that could have been alleged based on the facts and theories in the complaints and PAGA notices for the applicable periods, leaving no unpaid residue from uncashed checks.

Court Documents

Court documents are available for purchase upon request at Jurimatic@exlitem.com