Kim Gale  |  November 28, 2017

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Homecare Nurse Overtime RuleNurses and respiratory therapists who filed suit alleging unpaid training at work are seeking approval of a proposed $9.5 million settlement with their employer.

St. Charles Health System Inc. allegedly required the nurses to take tests and earn additional certifications without being paid overtime wages for their time. The nurses say the additional training was not necessary by law, but was a condition of employment.

The settlement motion regarding the unpaid training at work said, “This settlement was not hastily or casually reached. The parties met for three in-person settlement sessions over a 15-month period before reaching any agreement.”

Unpaid Training at Work Lawsuit Took Years

Lead plaintiff Carol G. filed suit against the hospital in 2013, alleging the company had violated Oregon laws and the Fair Labor Standards Act. Beginning in 2008, nurses were required to undergo extra training and obtain additional certifications but allegedly were not paid for that time. Their additional schooling consisted of class time, assignments, reading and studying of subjects such as neonatal resuscitation, general management, trauma evaluation, and a variety of other certification programs.

Nurses often work 12-hour shifts, but training time pushed their hours beyond 12 hours a day or beyond 40 hours per work week. The Fair Labor Standards Act defines a workweek as “any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods.”

Employees at St. Charles Bend, St. Charles Redmond, St. Charles Madras and St. Charles Prineville are included, in addition to workers with Air Life of Oregon. Current and previous employees who worked for any of the mentioned hospitals from Dec. 12, 2005 to the present may qualify for a portion of the settlement.

The unpaid training at work lawsuit also alleges that St. Charles Health System failed to pay employees who left the company a final paycheck within the time frame allowed by law.

At first, St. Charles Health System contested the lawsuit. Finally, both sides came to the table to begin settlement negotiations in the middle of 2014.

According to the unpaid training at work settlement motion, 1,102 former and present employees would split $6.365 million. Fifty-one of those employees opted to become named plaintiffs, and they will each receive $9,803.93 as an incentive award for their “time, effort and willingness to participate in and prosecute this class action lawsuit.”

The remaining 1,051 plaintiffs will receive approximately $5775 each.

If the Oregon federal judge approves the settlement, the lawyer representing the nurses, Roxanne L. Farra, would like to see $2.375 million has her portion. She says she worked more than 5,000 hours on the case and that none of the Class Members expressed an issue with her requested fee.

The Unpaid Training at Work Lawsuit is Case No. 6:13-cv-00019 in the U.S. District Court for the District of Oregon.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.