CHI Franciscan Health Wage and Hour $5.5M Class Action Settlement

CHI Franciscan Health has agreed to a $5.5 million class action settlement benefiting nurses and other employees who claim they were required to work off the clock in violation of the Fair Labor Standards Act (FLSA). 

The Class includes any current or former hourly, non-exempt employee employed by the defendants in Washington in one or more of the job classifications listed on the settlement website and who was subjected to an automated 30-minute meal period deduction policy at any time between April 9, 2015, and June 16, 2021.

This case also involves a collective. The FLSA Collective includes any current or former hourly, non-exempt employee employed by the defendants in Washington in one or more of the job classifications listed on the settlement website, who was subjected to an automatic time deduction policy and practice at any time from April 9, 2016, through June 16, 2021, and who submits a timely FLSA Collective Consent Form.

The plaintiffs in a class action lawsuit alleged CHI Franciscan violated the FLSA and Washington law by requiring certain workers to remain on duty during breaks and arrive early and stay late, despite not being allowed to clock in until just before or after their regular shift.

CHI Franciscan Settlement Benefits

After attorneys’ fees, $500,000 for the FLSA Net Settlement Fund, and other costs are deducted from the $5.5 million settlement fund, about  $3,073,016.67 will remain and be distributed among Class Members.

Anyone who is eligible and does not opt out of the class action settlement will be considered a participating Class Member and will receive a payment based on the number of workweeks the individual worked as a Class Member.

This amount will be calculated by dividing the net settlement fund by the total number of workweeks worked by all participating Class Members during the Class Period and multiplying the result by each individual participating Class Member’s workweeks during the Class Period.

Anyone who is also a member of the FLSA Collective and mails a timely FLSA Collective Consent Form will be an “opt-in plaintiff” and will receive a payment from the FLSA Net Settlement Fund.

This payment will be calculated by dividing the FLSA Net Settlement Fund by the total number of workweeks worked by all opt-In plaintiffs during the FLSA Collective Period and multiplying the result by each opt-in plaintiff’s workweeks worked during that period.

Those who wish to benefit from the CHI Franciscan class action settlement do not need to take any action.

Those who wish to participate in the FLSA collective action must opt in by submitting an FLSA  Collective Consent Form. This is the only way to receive a payment under the collective action settlement.

A final approval hearing in the CHI Franciscan settlement will take place Oct. 18, 2021.

The deadline to object to or opt out of the settlement is Sept. 20, 2021.

The deadline to consent to join the settlement is also Sept. 20, 2021.

Who’s Eligible

The Class includes any current or former hourly, non-exempt employee employed by the defendants in Washington in one or more of the job classifications listed on the settlement website and who was subjected to an automated 30-minute meal period deduction policy at any time between April 9, 2015, and June 16, 2021.

The FLSA Collective includes any current or former hourly, non-exempt employee employed by the defendants in Washington in one or more of the job classifications listed on the settlement website, who was subjected to an automatic time deduction policy and practice at any time from April 9, 2016, through June 16, 2021, and who submits a timely FLSA Collective Consent Form.

Potential Award

Varies

Proof of Purchase

No proof of purchase required.

Consent to Join Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Consent to Join Form Deadline

09/20/2021

Case Name

Hana Etcheverry v. Franciscan Health System d/b/a CHI Franciscan Health, Franciscan Medical Group, Franciscan Health Ventures, Harrison Medical Center, and Harrison Medical Center Foundation, Case No. 3:19-cv-05261-RJB-MAT in the United States District Court for the Western District of Washington at Tacoma

Final Hearing

10/18/2021

Settlement Website

CHIFranciscanWageSettlement.com

Claims Administrator

Etcheverry v. FHS Settlement Administrator
c/o Settlement Services, Inc.
PO Box 10269
Tallahassee, FL 32302-2269
833-594-2008
claims@ssiclaims.com

Class Counsel

Beth E. Terrell
Toby J. Marshall
TERRELL MARSHALL LAW GROUP PLLC

Carolyn H. Cottrell
Ori Edelstein
William M. Hogg
SCHNEIDER WALLACE COTTRELL KONECKY LLP

Defense Counsel

Donald L. Samuels
Jessica M. Andrade
POLSINELLI PC