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Case Name Heritage Residential Care v. Division of Labor Standards Enforcement
Date 01/26/2011
Note A misclassification statute's use of the word 'inadvertent' did not excuse a nursing home's $72,000 fine for its inadvertent misclassification of 16 health care workers.
Citation H034994
WCC Citation WCC 37072011 CA
HERITAGE RESIDENTIAL CARE, INC. , Plaintiff and Appellant, v. DIVISION OF LABOR STANDARDS ENFORCEMENT et al. Division of Labor Standards, Department of Industrial Relations, Legal Section, Anne Hipshman, Attorney for Respondent. BACKGROUND The parties to this appeal are Heritage Residential Care, Inc. (appellant) and the Division of Labor Standards Enforcement (respondent, sometimes referred to herein as DLSE or Labor Commissioner). Mandamus Petition In February 2009, appellant filed a petition for writ of administrative mandamus in Santa Clara County Superior Court. Civil Penalties for Violation "When proven, Labor Code violations give rise to civil penalties. "

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