Walkinshaw, et al. v. CommonSpirit Health, et al.

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What the Litigation Is About?

The Lawsuit alleges that Defendants required medical nurses employed at several Iowa and Nebraska locations of Defendants to perform uncompensated remote work including, for example, phone calls, emails, and text messages while the nurses were on-call (“Remote On-Call Work”). The Lawsuit claims that Defendants violated the FLSA by failing to pay overtime and the Nebraska Wage and Hour Act (“the NWHA”) by failing to pay a minimum wage and violated the Nebraska Wage Payment and Collection Act (“the NWPCA”), breached Defendants’ contractual obligations and were unjustly enriched as a result of failing to pay wages for Remote On-Call Work pursuant to Defendants’ written on-call policy.


Am I a Class Member?

Class: All persons who are or were alleged to be jointly or severally employed by CommonSpirit and/or by its predecessor Catholic Health Initiatives, CHI Health, and/or SERMC, as medical nurses in the State of Nebraska, who were paid an hourly wage, and who were subject to the on-call practice or policy respecting compensation for working remotely while on an on-call shift, from February 6, 2015 through April 11, 2022, at the following locations: the CHI Health Laboratory in Omaha, Nebraska; Creighton University Medical Center in Omaha, Nebraska; Good Samaritan Hospital in Kearney, Nebraska; Immanuel Hospital in Omaha, Nebraska; Lakeside Hospital in Omaha; Midlands Hospital in Papillion, Nebraska; CHI Health Nebraska Heart in Lincoln, Nebraska; CHI Health – Plainview in Plainview, Nebraska; CHI Health in Schuyler, Nebraska; SERMC; Saint Francis Hospital in Grand Island, Nebraska; and CHI Health – Saint Mary’s in Otoe, Nebraska (collectively “the Locations”).

2017 Subclass:
All persons who are a Class Member and were subject to the on-call policy of Defendants respecting compensation for work performed remotely while on an on-call shift from June 1, 2017 until September 30, 2018 at the following locations: Creighton University Medical Center; Good Samaritan Hospital in Kearney, Nebraska; Immanuel Hospital in Omaha, Nebraska; Lakeside Hospital in Omaha; Midlands Hospital in Papillion, Nebraska; Saint Elizabeth Medical Center in Lincoln, NE; and Saint Francis Hospital in Grand Island, Nebraska or at another Location subject to a similar policy.

2016 Subclass:
All persons who are a Class Member and were subject to the on-call policy of Defendants respecting compensation for work performed remotely while on an on-call shift from March 1, 2016 until May 31, 2017, at Saint Elizabeth Regional Medical Center in Lincoln, NE or at another Location subject to a similar policy.


What Does the Settlement Provide?

The Settlement requires Defendants to pay $800,000 (“the Class Settlement Amount”) to resolve all of the underlying claims (i.e., claims other than claims for attorneys’ fees and litigation expenses) of the Settlement Class against Defendants arising from the alleged failure to compensate nurse employees for Remote On-Call Work between February 6, 2015 and April 11, 2022. After deduction of any Court-approved service awards to the Class Representatives and settlement administration costs and expenses, the net settlement amount will be distributed to the Settlement Class pursuant to a Court-approved distribution formula called the “plan of allocation.”


YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT


YOU JOINED THE CASE PREVIOUSLY
OPTION #1: DO NOTHING
If you received this Notice and you previously submitted a Consent to Join the lawsuit, you do not need to do anything to participate in the Settlement, but you should submit a claim form to ensure the Settlement Administrator has correct information. Your settlement payment will be distributed to you by check. If your address has changed, be sure to provide the Settlement Administrator with your updated contact information.
YOU DID NOT JOIN THE CASE PREVIOUSLY OR YOU ARE NOT SURE IF YOU JOINED THE CASE PREVIOUSLY
OPTION #1A: SUBMIT A CLAIM FORM
SUBMIT A CLAIM FORM BY MARCH 6, 2023.

If you received this Notice and you did not previously submit a Consent to Join the lawsuit, you may complete a Claim Form and submit it by March 6, 2023, to receive money from the Settlement. Your settlement payment will be distributed to you by check.
YOU DID NOT JOIN THE CASE PREVIOUSLY OR YOU ARE NOT SURE IF YOU JOINED THE CASE PREVIOUSLY
OPTION #1B: DO NOTHING
DO NOTHING.

If you received this Notice, you did not previously submit a Consent to Join the lawsuit, and you do not submit a Claim Form by March 6, 2023, you will receive a minimum payment of $25.00 if Defendants’ records show that you had an on-call shift before October 31, 2018, or else a minimum payment of $15.00.
OPTION #2: REQUEST TO BE EXCLUDED
REQUEST TO BE EXCLUDED. You may exclude yourself from or opt out of the Settlement by writing to the Settlement Administrator by December 21, 2022. If you exclude yourself or opt out of the Settlement, you will not receive any payment under the Settlement and will not be entitled to object.
OPTION #3: OBJECT OR COMMENT
OPTION #3: OBJECT/COMMENT. You may write to the Court and explain why you do not like one or more aspects of the proposed Settlement. You must do so by no later than December 21, 2022. You may also appear at the final approval hearing. If you object/comment, you may still be eligible to receive a payment under the Settlement.