Plaintiff (former caregiver) sues Fortune Senior Enterprises (home care provider) over labor law violations

Sacramento County Superior Court
Sacramento County Superior Court
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In a compelling legal development, a class-action lawsuit has been filed against a prominent California-based home care provider, alleging significant labor violations. On November 26, 2025, Zenaida Herrera initiated this complaint in the Superior Court of California, County of Sacramento, targeting Fortune Senior Enterprises, Inc., operating as Comfort Keepers Home Care.

The lawsuit details a series of grievances against the defendant, claiming violations of the California Labor Code and unfair business practices. Herrera, who worked as a caregiver from March 2023 to March 2025, alleges that the company systematically failed to pay minimum and overtime wages and neglected to provide mandated meal and rest periods. The complaint further accuses the company of not reimbursing employees for work-related expenses such as personal vehicle use for client transportation. According to the filing, “Defendants have intentionally and willfully failed to provide employees with complete and accurate wage statements,” leading to confusion over actual wages earned.

Herrera is not alone in her allegations; she represents a class of current and former employees who faced similar treatment. The complaint argues that these practices violate multiple sections of the California Labor Code, including sections related to wage payment upon employment termination and during employment. The plaintiff asserts that these actions constitute unfair business practices under California’s Business & Professions Code §§ 17200 et seq., seeking restitution for unpaid wages and other damages.

The plaintiffs are seeking various forms of relief from the court. They demand unpaid wages at both regular and overtime rates, statutory penalties for failure to provide accurate wage statements, reimbursement for business expenses incurred without compensation, waiting time penalties for late final payments upon termination, and injunctive relief against ongoing unlawful practices. Additionally, they request attorneys’ fees and costs associated with bringing this action.

Representing Herrera in this case are attorneys Tyler J. Woods, James Yoo, Heriberto Ponce, and Ruby Carrera from Wilshire Law Firm. The case is presided over by Judge C. Leurgans under Case No: 2 SiO Se 4 re.

Source: 25CV028478_Zenaida_Herrera_v_Fortune_Senior_Complaint_County_of_Sacramento.pdf



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