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Who is a Class Member

The California EmpRes Healthcare Nursing Facilities Unpaid Wages Class Action Settlement includes “all persons in California who while an employee of a Respondent [listed below] performed work as hourly, non-exempt registered nurses, licensed vocational nurses, certified nursing assistants, restorative nursing aides, physical, occupational and speech therapists, therapy assistants, and/or therapy aides at any time during the period from November 1, 2013 through March 1, 2018.

  • Evergreen at Chico, LLC
  • Evergreen at Oroville, LLC/1000 Executive Parkway, LLC
  • Evergreen at Arvin, LLC
  • Evergreen at Bakersfield, LLC
  • Evergreen at Lakeport, LLC
  • Evergreen at Heartwood Avenue, LLC
  • Evergreen at Spring Road, LLC
  • Evergreen at Tracy, LLC
  • Evergreen at Petaluma, LLC
  • Evergreen at Salinas, LLC
  • Evergreen at Fullerton, LLC
  • EmpRes Healthcare Management, LLC

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.


Settlement Amount

  • $1,900,000.00

Estimated Award

  • Varies

Your payout will depend on your position and how many days you worked during the class period as an hourly employee. The average payment for each day worked as an hourly employee depends on the job position held. The number of days that Respondents’ records show that you worked is listed on your individual Information Form, included in your packet notice.


Proof of Purchase

  • N/A

Claim Form

  • N/A

EmpRes Healthcare Nursing Facilities Unpaid Wages Settlement Notes

  • Sharon Waldman, et al. v. EmpRes Healthcare Managment, et al.
  • Case No. 1100088580
  • Pending in the Superior Court of the State of California, County of Los Angeles

Plaintiffs Sharon Waldman, David Rauch, and Theresa Mascolina filed this California unpaid wages class action lawsuit alleging that EmpRes Healthcare and Evergreen Skilled Nursing Facilities failed to provide meal and rest breaks to its employees as required under California wage and hour laws. After ongoing, informal talks over a number of months and a mediation session on October 31, 2017, by retired judge, Honorable Robert Freedman in San Francisco, California, both sides reached a settlement.

Under the terms of the settlement, EmpRes Healthcare and Evergreen maintain they did nothing wrong and each facility contends it has complied with California Labor Code, and all applicable wage and hour laws. Complete details about the case and settlement are provided on the EmpRes Healthcare Nursing Facilities Unpaid Wages Settlement website.

Class members who wish to exclude themselves or object to the settlement must do so by May 14, 2018. Class members who wish to participate in the settlement do not need to do anything. Note: If there are no appeals the settlement will be issued in two payments. The first payment will be approximately March 1, 2019 and the second payment approximately November 1, 2019.


Important Dates

  • 5/14/18: Objection or Exclusion Deadline
  • 6/21/18: Final Hearing at 10:00 am PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check PhoenixClassAction.com/waldman-v-empres-healthcare/ to confirm that the date or time of the Hearing has not been changed.


Contact Information

  • Mail: EmpRes Settlement Claims Administrator c/o Phoenix Settlement Administrators PO Box 7208 Orange, CA 92863
  • Phone: 1-888-350-6948
  • Email: notice@phoenixclassaction.com

Class Counsel


Settlement Website

PhoenixClassAction.com/waldman-v-empres-healthcare/

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