Katherine Webster  |  July 20, 2021

Category: Labor & Employment

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A nurse in blue scrubs and protective gear sits on the floor with her arms on her knees - chi franciscan health
(Photo Credit: Syda Productions/Shutterstock)

Nurses who filed a class action lawsuit alleging they were not paid for breaks and pre- and post-shift work have reached a $5.5 million settlement with CHI Franciscan Health.

The lead plaintiff, representing a group of about 7,000 current and former staff members with defendants Franciscan Health System doing business as CHI Franciscan Health, Franciscan Medical Group, Franciscan Health Ventures, Harrison Medical Center, and Harrison Medical Center Foundation, claimed she and others were required to remain on duty during meal and other breaks.

In addition, the class action lawsuit alleged CHI Franciscan Health required workers to arrive early but told them not to clock in until just before their shift started. The employees also were required to clock out just after their shift ended but were expected to stay late to help with charting and other tasks.

The plaintiff accused CHI Franciscan Health and the other defendants of violating the Fair Labor Standards Act (FLSA) and Washington state law.

A judge approved the settlement June 16, 2021.

Each Class Member participating in the settlement will receive a share of the net settlement fund after attorneys’ fees and other expenses have been deducted.

The payment amounts will be based on a calculation that takes into account the number of weeks worked by all participating Class Members, as well as each individual’s workweeks, within the Class Period. 

The Class Period is April 9, 2015, through June 16, 2021; however, it also excludes time covered by any previous settlement involving the Class, such as St. Joseph Medical Center settlement that applied to registered nurses through Nov. 30, 2016.

The average payment is expected to be $510, according to the Kitsap Sun.

The defendants have denied all allegations of wrongdoing.

Have you worked at CHI Franciscan Health? Tell us what you think of the settlement in the comment section below.

The plaintiff is represented by Beth E. Terrell and Toby James Marshall of Terrell Marshall Law Group PLLC and Carolyn Hunt Cottrell, Ori Edelstein, and William M Hogg of Schneider Wallace Cottrell Konecky LLP.

The CHI Franciscan Health Nurses Class Action Lawsuit is Hana E., et al. v. Franciscan Health System d/b/a CHI Franciscan Health, et al., Case No. 3:19-cv-05261-RJB, in the U.S. District Court for the Western District of Washington at Tacoma.


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