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California




ATTORNEY GENERAL BONTA STRIKES AT WAGE THEFT: LAUNCHES LEGAL FIGHT FOR IN-HOME
CARE WORKERS MISCLASSIFIED IN CALIFORNIA

 * 
 * 

Details Last Updated: Friday, 16 June 2023 04:57 Published: Friday, 16 June 2023
06:33

June 16, 2023 - OAKLAND – California Attorney General Rob Bonta has filed a
lawsuit in the Superior Court of California, Los Angeles County, against Care
Specialist HCS Inc., formerly doing business as TLC Home Care Services, and its
prior operators, accusing the company and its operators of misclassifying
in-home care workers as independent contractors instead of employees in direct
violation of California’s labor laws and Unfair Competition Law. The lawsuit
alleges that since at least 2016, the defendants’ misclassification of hundreds
of workers resulted in extensive wage theft and caused workers to be denied
basic workplace protections such as a minimum wage, overtime pay, meal breaks
and rest periods, paid sick leave, and workers’ compensation benefits, among
other benefits. The lawsuit also alleges the company misrepresented workers’
employment status to its clients, falsely telling clients that it treated its
care workers as employees when it did not. The complaint further alleges that
the company included non-compete clauses in its client contracts, which are void
in California.

“Misclassifying workers is illegal and harms both employees and the state,” said
Attorney General Bonta. “In-home care workers provide essential services to our
most vulnerable populations, and they deserve to be treated fairly under the
law. My office will continue to fight against worker misclassification and
protect the rights of all Californians.”

The case was brought to the attention of the Attorney General’s office by the
Pilipino Workers Center in Los Angeles. The agency, Care Specialist HSC Inc.,
which formerly did business as TLC Home Care Services, has been operating in
California since at least 2016 and has employed hundreds of care workers during
this time, many of whom are Filipino immigrants. Despite clear labor laws
requiring that these workers be classified as employees, and the company’s own
representations to its clients that it did so, the company has misclassified
care workers for years, and has continued to do so even after being acquired by
new owners in September 2022. This misclassification has not only harmed
workers, but also has resulted in significant financial implications for the
state, leading to the loss of considerable tax revenue. The lawsuit against Care
Specialist HSC Inc. seeks injunctive relief, restitution, and penalties.

Attorney General Bonta is committed to defending workers’ rights, workplace
safety, and California’s fair and competitive labor market. Through the Attorney
General’s office, including the Worker Rights and Fair Labor Section, Attorney
General Bonta enforces California’s laws to protect the welfare of California
workers and legitimate businesses operating in the state. In December 2022,
Attorney General Bonta joined 17 attorneys general in pushing for stronger
federal protections against worker misclassification. In April 2023, Attorney
General Bonta co-led a multistate coalition in submitting comments supporting
the Federal Trade Commission’s proposed rule to eliminate non-compete clauses in
employment contracts in most circumstances. Non-compete clauses are void under
California law, and in March 2022, Attorney General Bonta issued an
alert reminding employers and workers that non-compete
agreements are not enforceable in California. Attorney General Bonta officially
supports AB 1076, which would further protect employee rights by prohibiting
non-compete agreements in an employee’s contract, and including a requirement
for employers to notify their employees about the existence of these provisions.

Californians who believe they are victims of Care Specialist HCS Inc.’s or TLC
Home Care Services’ misconduct should file a complaint with the California
Attorney General’s Office at www.oag.ca.gov/report. Victims may also send a
letter to: California Department of Justice, Public Inquiry Unit, P.O. Box
944255, Sacramento, CA 94244-2550. 
Source: CA. DOJ





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