Darling and Jara v. Dignity Health, Case No. 3:20-cv-06043 filed in the United States District Court, Northern District of California, August 27, 2020

This is a collective and class action case based on federal and California and Nevada state law on behalf of patient-care employees for off-the-clock work, unpaid wages, meal and rest break violations, and failure to pay proper overtime premium pay.

 

IMPORTANT UPDATE

Time Sensitive Deadline of March 3, 2023 for Opt In Plaintiffs to Pursue Claims

Named Plaintiffs Darling and Jara have settled their individual wage claims against Defendants.  These individual settlements only affect the claims of Darling and Jara.  The potential claims of other Dignity Health employees who timely submitted their formal consent to join in the FLSA portion of this case (“Opt In Plaintiffs”) are not being settled or compromised.  However, pursuant to Judge Gonzalez Rogers’ January 18, 2023 order, all Opt In Plaintiffs have been dismissed from this case without prejudice as a result of the individual settlements reached by Named Plaintiffs Darling and Jara.  The January 18, 2023 order includes a provision that tolls the claims of Opt In Plaintiffs for 45 days.  This means that if any Opt In Plaintiffs wish to preserve and pursue their potential claims, they must file a separate legal action no later than March 3, 2023.

If you wish to discuss whether Thierman Buck, LLP can represent you in a separate action, which would require a separate attorney-client agreement of representation, and/or would like to obtain further information, please feel free to contact Thierman Buck, LLP.

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Plaintiffs’ Complaint alleges Defendant, Dignity Health consistently understaffed their facilities, obligating Plaintiffs and other patient-care employees to perform work and input patient information in the electronic medical record (“EMR”) system “off the clock”, and/or during meal and rest periods. Plaintiffs also allege Defendant failed to prevent or compensate such work, despite their knowledge of it and that Dignity Health has routinely failed to compensate Plaintiffs and all other similarly situated employees for all work performed, both overtime and non-overtime hours.

Plaintiffs lawsuit seeks unpaid wages and overtime wages in the form of one and one-half times their regular hourly rate of pay for all hours worked in excess of forty hours a week during the relevant time period — August 2016 to the present — as well as one hour per day for every missed mandatory meal period, up to thirty days’ wages, and liquidated damages, attorneys’ fees, costs, and interest as provided by law.

The Court granted conditional class certification on July 20, 2021, allowing Consent to Join/Opt-In Notices to be distributed by mail and email to more than 40,000 patient care employees who were employed by Dignity Health at any time from August 27, 2017 to the present as a non-exempt, hourly paid patient care employee who made entries in the electronic medical record (EMR) system but were not clocked into the timekeeping system.

CONTACT US ABOUT THIS CASE

If you have worked as a patient care employee at Dignity Health anytime between August 2016 and the present, performed work off-the-clock or during meal periods, or have questions about your meal and rest breaks, overtime pay calculations, or wage statements, please contact Thierman Buck, LLP immediately to discuss your rights.