CommonSpirit Health nurses wage-and-hour $800K class action settlement

CommonSpirit Health and its predecessors in Nebraska have established an $800,000 settlement fund to resolve a class action lawsuit claiming the organization required nurses to do uncompensated work while on call. 

The class is defined as Nebraska medical nurses at CommonSpirit and/or its predecessor Catholic Health Initiatives, CHI Health and/or Saint Elizabeth Regional Medical Center (SERMC) who were paid an hourly wage and were subject to the on-call practice or policy respecting compensation for working remotely while on an on-call shift, from Feb. 6, 2015, through April 11, 2022, at the following locations: 

• CHI Health Laboratory in Omaha 
• Creighton University Medical Center in Omaha
• Good Samaritan Hospital in Kearney
• Immanuel Hospital in Omaha
• Lakeside Hospital in Omaha 
• Midlands Hospital in Papillion
• CHI Health Nebraska Heart in Lincoln
• CHI Health – Plainview in Plainview
• CHI Health in Schuyler
• SERMC
• Saint Francis Hospital in Grand Island
• CHI Health – Saint Mary’s in Otoe

Two subclasses have also been established.

The 2016 Subclass is made up of class members who were subject to the defendants’ on-call policy related to compensation for remote work completed during an on-call shift between March 1, 2016, and May 31, 2017, at SERMC in Lincoln or at another location subject to a similar policy.

The 2017 Subclass is made up of class members who were subject who were subject to the defendants’ on-call policy related to compensation for remote work completed during an on-call shift between June 1, 2017, and Sept. 30, 2018, at the following locations: 

• Creighton University Medical Center in Omaha
• Good Samaritan Hospital in Kearney
• Immanuel Hospital in Omaha
• Lakeside Hospital in Omaha 
• Midlands Hospital in Papillion
• Saint Elizabeth Medical Center in Lincoln SERMC
• Saint Francis Hospital in Grand Island
• Or another location subject to a similar policy 

The class action lawsuit claims the defendants violated the federal Fair Labor Standards Act (FLSA), as well as Nebraska wage regulations, by requiring medical nurses employed at several locations to take phone calls, and receive and respond to emails and text messages while the nurses were on-call. The lawsuit alleged these requirements violated laws and breached the defendants’ contractual obligations. 

The defendant Nebraska hospitals make up a portion of the Midwest Division of CommonSpirit Health. CommonSpirit’s faith-based healthcare system includes 140 hospitals and 1,000 care sites in 21 states. It employs 150,000 people and 25,000 physicians.

CommonSpirit Health denies the material allegations but has agreed to the settlement to avoid the cost, disruption and uncertainty of litigation.

Under the terms of the CommonSpirit Health nurse class action lawsuit settlement agreement, class members can receive a cash payment.

All class members who don’t exclude themselves from the settlement will receive some compensation, even if they do nothing. But class members may receive more if they submit a claim form. 

Class members who do nothing will receive a minimum payment of $25 if records show the member had an on-call shift before Oct. 31, 2018, or $15 if records do not show an on-call shift. 

Some class members have previously submitted consent to join the lawsuit. They do not need to do anything to receive the calculated payment, but they are encouraged to submit a claim if their address or contact information has changed.

If every eligible class member submits a claim, the average payment will be approximately $193. 

Those who wish to be excluded from or object to the nurse class action lawsuit settlement may do so in writing by Dec. 21, 2022. Those who opt out of the settlement will receive no payment.

A final fairness approval hearing in the CommonSpirit Health nurse class action lawsuit settlement is set for Feb. 10, 2023.

The deadline to submit a claim is March 6, 2023.

Who’s Eligible

Nebraska medical nurses at CommonSpirit and/or its predecessor Catholic Health Initiatives, CHI Health and/or Saint Elizabeth Regional Medical Center (SERMC) who were paid an hourly wage and were subject to the on-call practice or policy respecting compensation for working remotely while on an on-call shift, from Feb. 6, 2015, through April 11, 2022, at the following locations: 

• CHI Health Laboratory in Omaha 
• Creighton University Medical Center in Omaha
• Good Samaritan Hospital in Kearney
• Immanuel Hospital in Omaha
• Lakeside Hospital in Omaha 
• Midlands Hospital in Papillion
• CHI Health Nebraska Heart in Lincoln
• CHI Health – Plainview in Plainview
• CHI Health in Schuyler
• SERMC
• Saint Francis Hospital in Grand Island
• CHI Health – Saint Mary’s in Otoe

Potential Award

$193

Proof of Purchase

No proof of purchase applicable

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

03/06/2023

Case Name

Walkinshaw, et al. v. CommonSpirit Health, et al., Case No. 19-CV-03012-BCB-SMB (D. Neb.), in the U.S. District Court for the District of Nebraska

Final Hearing

02/10/2023

Settlement Website

CHIWageLitigation.com/Index

Claims Administrator

Walkinshaw, et al. v. CommonSpirit Health, et al.
c/o CPT Group Inc
50 Corporate Park Irvine
California 92606
888-895-1425

Class Counsel

R Joseph Barton
BLOCK & LEVITON LLP

Vince Powers
POWERS LAW

Jason R Rathod
MIGLIACCIO & RATHOD LLP

Defense Counsel

Karen Cain
Jason Plowman
Emma Schuering
Matthew Linnabary
POLSINELLI PC