Martinez v. John Muir Health, Case No. 4:17-cv-05779-CW (filed Oct. 6, 2017 N. Dist. Cal. Oct. 6, 2017)

This is a collective and class action case under federal and California state law on behalf of employees for off-the-clock work, unpaid wages, meal and rest period violations, failure to provide accurate wage statements, violation of California’s Private Attorney Generals Act (“PAGA”), and failure to include bonuses and other nondiscretionary payments when calculating overtime wages due.

John Muir Hospital Workers

Case Settlement Information

The Parties have entered into a settlement agreement and the Court granted preliminary approval of the Settlement on June 18, 2019. The Order can be viewed here.

If you previously worked for John Muir sometime from October 13, 2012 to June 18, 2019 as a non-exempt employee who made at least one entry into the EPIC or MIDAS electronic systems you may be eligible for a portion of the settlement. Notice to all potential class members will be mailed on August 16, 2019. The Notice can be viewed here.

Class members do not need to submit anything to participate, however, if you do not wish to be bound by the terms of the Settlement you must send the Claims Administrator a written, signed request for exclusion and return it to the Claims Administrator, postmarked by September 30, 2019. The Settlement Agreement and the full release language can be viewed here.

A final approval hearing will be held on November 19, 2019. At that time the Court will determine whether to grant final approval of the Settlement and determine whether to grant or deny the attorneys’ fees and cost requested by Class Counsel. Class Counsel’s attorney’s fees and costs motion can be viewed here. If the Court grants final approval, payment to class members will likely be mailed in mid December 2019.

If you have any questions about the Settlement or the Notice, please contact Thierman Buck at or (775) 284-1500.

General Case Information

Plaintiff alleges that Defendant instituted costs cutting measures that decreased Defendant’s labor force while increasing the employee to patient ratio resulting in employees working off the clock to complete work tasks such as inputting patient notes and processing insurance claims.

Plaintiff also alleges that Defendant did not include bonus and other nondiscretionary payments when calculating overtime wages due.


If you have worked at John Muir anytime between October 2012 and the present, were required to work off-the-clock, 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.