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CHI Franciscan Health Wage and Hour Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Franciscan Health System (which does business as CHI Franciscan Health), Franciscan Medical Group, Franciscan Health Ventures, Harrison Medical Center, and Harrison Medical Center Foundation are settling a class action and collective action alleging that they violated labor laws, including the federal Fair Labor Standards Act (FLSA). The complaint alleged a number of violations in the class action, including failure to pay overtime or to provide proper rest and meal breaks. The FLSA collective action alleged they had failed to pay overtime.

Docket Number:

3:19-cv-05261-RJB-MAT

Company: Franciscan Health System

Filing Deadline: September 27, 2021

Class Period: April 9, 2015 to June 16, 2021

Objection Deadline: September 27, 2021

Exclusion Deadline: September 27, 2021

Final Approval Hearing: October 19, 2021

Proof of Purchase:

If you received a Notice in the mail, and you agree with the workweek information in it, you do not have to submit proof. If you are an FLSA Collective Class member, you must submit a Consent to Join Form in order to receive benefits; to receive benefits from the class action, you do not have to do anything but keep your address up to date.

Eligibility:

You may be eligible if you are a member either of the class or of the FLSA collective class:

- The Class for the class action is current or former hourly, non-exempt employees employed by the defendants in Washington in one or more of the job classifications in the table on pages 3-4 of the Notice, who were subjected to an automated thirty-minute meal period deduction policy, at any time between April 9, 2015 and June 16, 2021.

- The Collective Class for the FLSA action is current or former hourly, non-exempt employees employed by the defendants in Washington in one or more of the job classifications in the table on pages 3-4 of the Notice, who were subjected to an automatic time deduction policy and practice, at any time between April 9, 2016 and June 16, 2021.

Not all class action Class members are FLSA Collective Class members. This is because the class period for the FLSA Collective Class begins a year later than for the class action Class.

For the job classifications, see the Notice at https://www.chifranciscanwagesettlement.com/wp-content/uploads/2021/07/Notice-Final.pdf.

Typical Settlement Amount:

Payment for each class will be calculated by dividing the net settlement fund by the total number of workweeks for all members, then multiplying that amount by the individual’s number of workweeks.

One third of each payment is considered wages and will be subject to withholding and reported to the IRS on a Form W-2. Another third is considered interest. The final third is considered penalties. These other amounts will be reported to the IRS on a Form 1099.

Total Settlement Amount: $5,500,000

Class Representative Proposed Incentive Fee:

$10,000

Law Firms:
Schneider Wallace Cottrell Konecky
Terrell Marshall Daudt & Willie PLLC

Claim Form: CHI Franciscan Health Wage and Hour Settlement Consent to Join/Opt-In Form

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

Settlement Website: CHI Franciscan Health Wage and Hour Settlement Website

Claims Administrator:
Settlement Services, Inc.

Claims Administrator Contact Information:

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

Tags: Employment Violations, FLSA, Inaccurate calculation of breaks, Unpaid Overtime