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This settlement is closed!
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A California health care company has agreed to provide current and former employees with compensation as part of a $500,000 settlement to end claims in a Primary Provider Management wage & hour class action lawsuit.
Those who may be able to benefit from the settlement include both current and former employees of Primary Provider Management Company Inc., Agilon Health Inc., Cyber Pro Systems dba Medical Data Exchange Inc., and MDX Hawaii Inc.
Class Members must have worked in California between Oct. 2, 2014 and Sept. 30, 2018 and also must have been classified as an exempt nurse who processed authorization requests.
The Primary Provider Management wage & hour class action lawsuit accused Primary Provider, along with a number of other employers of misclassifying and failing to pay nurses overtime and provide adequate meal and rest breaks.
The plaintiff, a nurse who worked for the defendants in California, claimed that the companies had violated California wage and hour laws, as well as federal labor laws, with their pay practices.
California labor laws provide some of the strongest protections for workers in the country. Under these employment laws, employees and other workers are entitled to fair pay, overtime pay, meal and rest breaks, and reimbursement for expenses. Employers are also held to higher standards regarding the classification of workers, record keeping, and termination of employment.
The plaintiff in the Primary Provider Management wage & hour class action lawsuit claimed that her employers failed to pay her and other California nurses in compliance with state law. In addition, the defendants incorrectly classified nurses as exempt, the class action alleged. Further, Primary Provider and the other defendants allegedly did not keep proper records, failed to pay even minimum wage, overtime, and failed to provide proper meal and rest breaks.
“Plaintiff and the entirety of the class were misclassified by Defendants as exempt employees and did not receive premium overtime compensation, as well as other wages while employed by Defendants as nurses processing authorization requests during the relevant time period,” alleged the Primary Provider Management class action lawsuit.
The plaintiff, who no longer works for the defendants, sought unpaid wages as well as waiting penalties for herself and on behalf of a Class of nurses who were subject to the same pay policies.
Primary Provider and the other defendants are companies that provide support for medical claims processing and case management for medical providers. The class action lawsuit alleged that workers were routinely forced to work over eight hours a day and 40 hours a week processing authorization referrals; however, since the employees were allegedly misclassified as exempt, they were not paid overtime for those hours.
The complaint accused Primary Provider and the other defendants of knowingly requiring employees to conduct “off-the-clock” work and, as a result, wages fell below the state-mandated minimum requirement. Employees were allegedly also forced to work through the required 30-minute break for shifts over five hours.
Wage statements provided by the defendants were also inaccurate, alleged the Primary Provider Management wage & hour class action lawsuit, and did not reflect accurate hours, as well as the legal name and address of the employer. Further, the complaint claimed that, upon termination of employment, former workers were not paid for all wages earned.
Primary Provider and the other defendants refused to admit any wrongdoing, but have agreed to settle the allegations in order to exit the class action lawsuit. According to the settlement notice, the settlement contains two parts; a class action settlement and collective action settlement.
The class action settlement addresses claims that the defendants violated California law when they failed to pay minimum wage, overtime, and double time, provide meal and rest breaks, waiting time periods, and failed to provide proper wage statements. The collective action settlement addresses claims based on federal wage and hour laws, including failure to pay minimum wage and overtime.
Class Members do not need to take any action to make a claim in the class action settlement; however, those who wish to make a claim in the collective action settlement must submit a claim form by Aug. 26, 2020.
Under the terms of the class action settlement, Class Members will receive a portion of the net settlement amount depending on the hours they worked as well as if they participated in a direct settlement that represents a percentage of the work they did. Class Members eligible to participate in the collective action settlement and who submit a valid claim will receive an additional payment based on the total settlement amount and the amount of time they worked for defendants.
The deadline to opt out of the Primary Provider Management wage & hour class action settlement is Aug. 26, 2020. The final hearing is scheduled for Oct. 19, 2020.
Who’s Eligible
Class Members include both current and former employees of Primary Provider Management Company Inc., Agilon Health Inc., Cyber Pro Systems dba Medical Data Exchange Inc., and MDX Hawaii Inc.
Class Members must have worked in California between Oct. 2, 2014 and Sept. 30, 2018 and also must have been classified as an exempt nurse who processed authorization requests.
Potential Award
Varies.
- Class Members will receive a portion of the settlement depending on the duration of work they did for the defendants, as well as if they have already received a direct settlement.
- Class Members who worked for the defendants between Oct. 24, 2015 and Sept. 30, 2018 and who submit a valid claim form are eligible for an additional award. Individual awards will depend on the duration of work they did for the defendants.
Proof of Purchase
None, although claims will be based on information about employment periods of each Class Member provided on the settlement notice.
Claim 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.
Claim Form Deadline
8/26/2020
Case Name
Wilson v. Primary Provider Management Company Inc., et al., Case No. 5:19-cv-00114-GW-KK, in the U.S. District Court for the Central District of California
Final Hearing
10/19/2020
Settlement Website
Claims Administrator
Wilson v. Primary Provider Management Company Inc., et al.
c/o Simpluris
P.O. Box 26170
Santa Ana, CA 92799
(888) 369-3780
Class Counsel
David Myers
Jason Hatcher
THE MYERS LAW GROUP APC
Defense Counsel
Tracey Kennedy
Namal Tantula
Brett D. Young
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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