Collective and Class Action Lawsuit Now Pending: Walkinshaw, et al. v. CommonSpirit Health, et al.
Announced by CPT Group, Inc. Notice Administrator
IRVINE, Calif., March 2, 2021 /PRNewswire/ -- In a collective and class action now pending in the United States District Court for the District of Nebraska entitled Walkinshaw et al. v. CommonSpirit Health, et al., Case No. 19-cv-03012, the Court has conditionally certified the Action to proceed as a collective action under the Fair Labor Standards Act or FLSA. The lawsuit alleges that Defendants CommonSpirit Health, CHI Nebraska, and Saint Elizabeth Regional Medical Center required medical nurses to perform work relating to their positions as nurses and consisting of, for example, phone calls, emails, and text messages while the nurses were on call. The lawsuit alleges that Defendants violated the FLSA and Nebraska wage-and-hour law by failing to adequately compensate nurses for this remote on-call work.
The Court allowed all hourly medical nurses who worked at any of the following locations and were assigned to an on-call shift but were not properly compensated for work performed remotely while on call and resulting in overtime from December 17, 2017 through the present to join the lawsuit:
In Nebraska: CHI Health Laboratory in Omaha; Creighton University Medical Center in Omaha; Good Samaritan Hospital in Kearney; Immanuel Hospital in Omaha; Lakeside Hospital in Omaha; Midlands Hospital in Papillion; CHI Health – Nebraska Heart in Lincoln; CHI Health – Plainview in Plainview; CHI Health in Schuyler; Saint Elizabeth Medical Center in Lincoln; Saint Francis Hospital in Grand Island; CHI Health – Saint Mary's in Otoe
In Iowa: CHI Health-Mercy in Corning; Mercy Hospital in Council Bluffs; CHI Health Missouri Valley in Harrison County
If you received a Notice of Conditional Certification for Unpaid Overtime Wages by mail or email, you must sign and return the Consent to Join form enclosed with the Notice by faxing, emailing, or mailing the form to: Walkinshaw, et al. v. CommonSpirit Health c/o CPT Group, Inc., 50 Corporate Park Irvine, CA 92606; Fax: (949) 419-3446; Email: [email protected]. The deadline is stated on the form and, depending on when you were sent the form, is either March 13, 2021 or April 2, 2021. If you want to join, you should send in the form sooner rather than later because you can seek back wages under the FLSA only up to three years from the date that the form is filed.
If you submit the Consent to Join form, you will be represented by Plaintiffs and their lawyers, who will make decisions and agreements on your behalf concerning the lawsuit. If Plaintiffs recover money from Defendants, you will be eligible to participate in any recovery obtained in the Action.
If you did not receive a Notice or Consent to Join form but believe you should have or if you are unsure whether you are a member of the collective action, please visit www.chiwagelitigation.com or call 1-(888) 373-2581.
Contact:
Walkinshaw, et al. v. CommonSpirit Health, et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
SOURCE CPT Group, Inc.
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