$1.8M US Nursing Unpaid Wages Class Action Settlement Reached


San Francisco, CA: A unpaid wages wages class action lawsuit filed against US Nursing has reached a tentative $1.8 million settlement. The lawsuit claims that US Nursing Corp failed to adequately compensate California nursing staff that were sent to replace striking employees.

The named lead plaintiff in the wages and hour class action, Shameka Bolton, filed the lawsuit (Shameka Bolton v. US Nursing Corp., case number 3:12-cv-04466 US District Court for the Northern District of California) in July 2012, claiming the company failed to fully compensate its employees violates California labor law. According to the lawsuit, when US Nursing deploys its employees around the country, it places them in hotels and requires them to take buses to and from the hospitals. But the company allegedly failed to pay the replacement nurses for the time they spent on the buses or for the time they spent waiting at the hospitals before and after their shifts.

Additionally, the lawsuit claims the nursing company deducted a 30-minute meal break from its nurses' time sheets regardless of whether the nurses actually recorded those periods on their sheets or not, and irrespective of whether the nurses were actually able to take the meal break.

Further, the lawsuit alleges US Nursing’s payment schedule, which paid the nurses on a weekly basis, usually during the week after the strike ended, violates California labor code, which says temporary employees who work during labor disputes must be paid on a daily basis.

If the settlement is approved, under the terms presently stipulated, US Nursing would pay $1.7 million to a class of more than 2,500 nurses and $15,000 to California's Labor and Workforce Development Agency, as well as $77,000 in payroll taxes.

The settlement also seeks to conditionally certify the class of nurses, which is defined as U.S. Nursing employees who were placed to work in California health facilities during labor disputes between July 28, 2008, through the present.

“Such an order is appropriate because the proposed settlement meets the legal standard for preliminary approval and is in the best interests of the class,” the motion says. “The proposed notice explains the settlement terms in a clear and straightforward manner; the proposed notice procedures provide the best practicable notice to the class; and class members will have an opportunity to dispute the calculation of settlement awards and object to the settlement.”

The proposed settlement also seeks to conditionally certify a subclass of nurses whose time sheets contain a half-hour meal-period deduction, when the nurses never indicated that they took such a break. Bolton estimates that the subclass contains at least 489 individuals.

According to the motion, class members are expected to receive an average settlement award of approximately $645 dollars.

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Reader Comments

Posted by
Anita Speights
on
I've worked these strikes as well and was unaware of this class action lawsuit. How do I get information.

Posted by
Lynette bell hutchins
on
I worked several strikes with us nursing during times listed

Posted by
Ricsurra R Oliver-Yekini
on
This is correct healthsource employees told us on site our checks would be mailed in 7 days and it was over 30 days

Posted by
Brian Rickard
on
How do I get in on this ? I was there !

Posted by
Ani same
on
Too bad these nurses don't have a union representing them.

Posted by
Joanne Dominique
on
Hello. I am currently experiencing a similar issue to the Shameka Bolton v. US Nursing Corp., case number 3:12-cv-04466 US District Court for the Northern District of California) in July 2012, claiming the company failed to fully compensate its employees. Over 1000 Registered Nurses went to work at Los Angeles Medical Center on March 15-22 2016 for a strike with Healthsource Global nursing company. We had to wait a month later to be paid. I received my check on 4/18/16 and others have still not been paid. My check was short on wages as I was not fully paid for OT, double time and 8 hour time of modules that I completed. Apparently, over 900 nurse have not been fully compensated as well. This is a huge issue and I would like to start a class action lawsuit immediately. I have all of my signed timesheets and hours worked. I can give you names and emails of at least 20 nurses or more that will be willing to move forward with this lawsuit. I really need a good, reliable attorney that will be dedicated in helping us obtain our rightful compensation. I have emailed Sean (Healthsource global payroll employee) my timesheets requesting for my missed wages and I have called and spoken to Sean regarding this issue. I will continue to contact Healthsource Global for my unpaid wages. Every call and email will be recorded. I can be reached anytime! Thank you in advance.

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