Settlement Structure: Claims Made
Active: Open
Case Summary:CommonSpirit Health (previously known as Catholic Health Initiatives in Nebraska), CHI Health (which does business as CHI Nebraska), and Saint Elizabeth Regional Medical Center (SMERMC) were all sued in a class and collective action claiming they violated the Fair Labor Standards Act (FLSA) and Nebraska state law by not properly paying nurse employees for work they did remotely while they were on call.
The complaint alleged that the defendants required nurses who were employed at certain of their Iowa and Nebraska locations to perform work without pay, including making phone calls, writing emails, and sending text messages during the time they were on call. According to the lawsuit, the defendants did not pay them minimum wage or proper overtime, breached their contracts, and were unjustly enriched.
Docket Number:19-cv-03012-BCB-SMB
Company: CommonSpirit Health
Filing Deadline: March 6, 2023
Class Period: February 6, 2015 to April 11, 2022
Objection Deadline: December 21, 2022
Exclusion Deadline: December 21, 2022
Final Approval Hearing: February 10, 2023
Proof of Purchase:You do not have to provide proof.
Eligibility:You may be eligible if you are (1) a member of the FLSA collective who previously submitted a consent to join the lawsuit, or (2) a member of the Rule 23 Class and subclasses below:
- Rule 23 Class: All persons who are or were alleged to be jointly or severally employed by CommonSpirit or its predecessor Catholic Health Initiatives, CHI Health, or SERMC as medical nurses in Nebraska, who were paid an hourly wage and who were subject to the on-call practice or a policy about compensation for working remotely while on an on-call shift, between February 6, 2015 and April 11, 2022, at any of the following locations: CHI Health Laboratory in Omaha, Nebraska; Creighton University Medical Center in Omaha, Nebraska; Good Samaritan Hospital in Kearney, Nebraska; Immanuel Hospital in Omaha, Nebraska; Lakeside Hospital in Omaha; Midlands Hospital in Papillion, Nebraska; CHI Health Nebraska Heart in Lincoln, Nebraska; CHI Health – Plainview in Plainview, Nebraska; CHI Health in Schuyler, Nebraska; SERMC; Saint Francis Hospital in Grand Island, Nebraska; and CHI Health – Saint Mary’s in Otoe, Nebraska
- 2017 Subclass: All class members who were subject to the on-call policy of the defendants about compensation for work performed remotely while on an on-call shift between June 1, 2017 and September 30, 2018 at the following locations: Creighton University Medical Center; Good Samaritan Hospital in Kearney, Nebraska; Immanuel Hospital in Omaha, Nebraska; Lakeside Hospital in Omaha; Midlands Hospital in Papillion, Nebraska; Saint Elizabeth Medical Center in Lincoln, NE; and Saint Francis Hospital in Grand Island, Nebraska or at another Location subject to a similar policy
- 2016 Subclass: All class members who were subject to the on-call policy of the defendants about compensation for work performed remotely while on an on-call shift between March 1, 2016 and May 31, 2017 at Saint Elizabeth Regional Medical Center in Lincoln, NE or at another Location subject to a similar policy.
Typical Settlement Amount:Portion of the net settlement amount divided according to a Plan of Allocation. Class members who did not previously opt in to the collective action and who do not now submit claim forms will receive either $15 or $25, depending on when they worked on-call shifts. Actual amounts for others will depend on how many class members submit valid claim forms, calculations made under the Plan of Allocation, and other factors.
Total Settlement Amount: $800,000
Class Representative Proposed Incentive Fee:Up to $10,000
Law Firms:
Block & Leviton LLP
Migliaccio & Rathod LLP
Powers Law
Claim Form: CHI Wage Litigation Claim Form
Case Name: Walkinshaw et al. v. CommonSpirit Health, et al.,
Settlement Website: CHI Wage Litigation Website
Claims Administrator:
CPT Group Inc
Walkinshaw, et al. v. CommonSpirit Health, et al.
c/o CPT Group Inc
50 Corporate Park Irvine
California 92606
888-895-1425