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Atria Senior Living Employees Get Class Status in OT, Break Suit

Dec. 28, 2021, 9:07 PM

More than 50 community sales directors may proceed as a certified class on claims that Atria Senior Living Inc. misclassified them as outside salespeople exempt from overtime and meal and rest breaks, a federal judge in California ruled.

The classification issue can be resolved by examining common evidence about the employees’ job duties and employment conditions, like Atria’s companywide policies, job descriptions, and employee depositions, Judge William Alsup of the U.S. District Court for the Northern District of California said.

This evidence shows that Atria, which operates 46 senior and assisted living communities in California, required these employees to abide ...