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.

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.  Employees must opt-in to the lawsuit to join the class action and be able to recover wages allegedly owed.

If you received a Consent to Join/Opt-In Notice by mail or email and you would like to join the lawsuit, you can do so online at DignityHealthUnpaidWageLawsuit.com. To submit your request online, you must provide the unique alphanumeric ID located in the email and/or on the Consent to Join form that you received.

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.