The lawsuit, Settle v. Trinity Health System, is pending in the United States District Court for the Southern District of Ohio. The Court recently approved a notice process designed to inform potentially affected employees of their rights and their opportunity to participate in the case.
What Is This Lawsuit About?
According to the allegations in the lawsuit, Trinity Health employees may not have received all overtime compensation allegedly owed under federal law in certain circumstances. Specifically, the lawsuit alleges that some employees were not properly compensated for overtime resulting from missed or interrupted meal periods and/or from the failure to include certain bonus payments when calculating overtime compensation.
Trinity Health denies the allegations and contends that it properly compensated employees in accordance with applicable law.
Importantly, the Court has not decided whether the plaintiff or Trinity Health is correct. The case remains pending, and no determination on the merits has been made.
Who May Be Eligible?
According to the Court-approved notice, potential participants include:
All hourly-paid, direct patient care Trinity employees employed during the relevant period who (1) worked 40 or more hours in one or more workweeks and allegedly did not receive overtime pay due to a missed or interrupted meal period, and/or (2) were paid a bonus that allegedly was not included in their regular rate of pay for purposes of overtime compensation in one or more weeks in which they worked more than 40 hours.
Employees who receive a notice should carefully review it to determine whether they may fall within the group identified by the Court-approved notice.
Understanding the Difference Between an FLSA Collective Action and a Typical Class Action
Many people are familiar with class actions in which individuals are automatically included unless they choose to opt out.
FLSA collective actions work differently.
In an FLSA collective action filed in Ohio, eligible employees are generally not included automatically. Instead, they must affirmatively choose to participate by signing and submitting a consent form.
As a result, employees who wish to participate must take action before the deadline established by the Court-approved notice.
What Does It Mean to “Opt In”?
Opting in means that an employee chooses to become a participant in the lawsuit.
Employees who join the case may be entitled to share in any recovery obtained through settlement or judgment if the claims are ultimately successful. Participants are also generally bound by court rulings, judgments, and settlements that occur in the litigation.
The Court-approved notice further explains that participants may be asked to provide information relating to their employment and, in some circumstances, may be required to participate in discovery or provide testimony.
What Happens If Someone Does Not Opt In?
Employees who choose not to participate will generally not share in any recovery that may be obtained in the lawsuit. However, employees who do not join typically retain the ability to pursue their own claims separately, subject to any applicable statutes of limitation and other legal requirements.
Whether participation is appropriate is a decision each employee must make independently based on his or her own circumstances.
Pay Attention to Deadlines
The Court-approved notice contains important deadlines for individuals who wish to participate in the lawsuit. Employees who receive a notice should review it carefully and ensure that any required forms are submitted on time if they decide to participate.
Where Can Employees Learn More?
Employees who receive the Court-approved notice should review the notice carefully. The notice contains additional information regarding eligibility, participation, deadlines, and the attorneys appointed to represent individuals who choose to join the case.
As with any legal matter, individuals with questions about their rights should consult qualified legal counsel.
Questions About Wage and Hour Rights?
Many employees are unsure whether they are being properly paid for all hours worked. Wage-and-hour laws can involve issues such as overtime pay, meal-break deductions, off-the-clock work, employee classification, bonus calculations, and payroll practices.
Our firm regularly assists workers in understanding their rights under federal and state wage-and-hour laws. Individuals who have questions about workplace pay practices or believe they may not have been properly compensated are welcome to contact our office for a confidential consultation.
Because every workplace and compensation system is different, obtaining individualized legal advice can help employees better understand their rights and options under the law.
Contact our office to learn more about wage-and-hour protections and how they may apply to your situation.