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A Lawsuit Has Been Filed Against West Penn Allegheny Health System    

To view the most recent Complaint that was filed with the Federal Court Click Here. It is important to note that the Court may have issued rulings that impacted the alleged claims. For more information, please contact our office at 877.272.4066.

To view the most recent Complaint that was filed with the State Court Click Here. It is important to note that the Court may have issued rulings that impacted the alleged claims. For more information, please contact our office at 877.272.4066.

To view the Order Conditionally Certifying the Class Click Here .

If you were employed by West Penn Allegheny Health System, Inc., Allegheny General Hospital, The Western Pennsylvania Hospital, Alle-Kiski Medical Center or Canonsburg General Hospital ("West Penn"), a lawsuit has been filed that may affect your rights.    

Please read the Federal Regulations that require you to be paid for all the time that you work. These same Federal Regulations require that you be completely relieved of your duties during your meal period.

This website is not a court authorized notice.    

Current and former employees have sued West Penn Allegheny Health System, Inc., Allegheny General Hospital, The Western Pennsylvania Hospital, Alle-Kiski Medical Center or Canonsburg General Hospital and related entities (referred to in this notice as "West Penn") claiming West Penn failed to pay overtime as a result of West Penn not compensating hourly-paid employees for meal breaks during which the employees performed at least some work for their employer. West Penn denies that it did anything wrong and says that it paid all overtime wages required in such situations.

Though the lawsuit has been filed, there has been no determination whether West Penn did anything wrong. There is no money available now and no guarantee there will be. However, if you:

  • worked as an hourly employee for West Penn at any of its locations at some point in the last three years;
  • worked for at least part of a meal period; and
  • were not paid for that meal period;

Your legal rights may be affected by this lawsuit and you have a choice to make now:

Your Legal Rights and Options in This Lawsuit    

ASK TO BE INCLUDED

Join in the lawsuit. Await the outcome. Give up right to sue separately.

By joining the lawsuit, you may get money or benefits that may come from a trial or a settlement. But, you give up any rights to sue West Penn separately about the same legal claims brought in this lawsuit.

DO NOTHING

Do nothing. Get no benefits from any lawsuit filed. Keep right to sue separately.

If you do nothing and money or benefits are later awarded, you won’t share in those. But, you keep any rights to sue West Penn separately about the same legal claims in this lawsuit.

Basic Information

Background    

On April 1, 2009, a group of former and/or current employees of West Penn filed a lawsuit in the United States District Court for the Western District of Pennsylvania (Civil Action No. 09-379), claiming, among other things, that they were hourly employees who did not receive overtime compensation for work performed during meal breaks.

This notice informs you of the existence of a collective action lawsuit in which you may become a member. It also explains what you need to do to participate, or not participate, and how your rights may be affected.

On June 1, 2009, the Honorable Donetta W. Ambrose, United States Chief Judge for the Western District of Pennsylvania, authorized the sending of the Notice to inform you of your rights in connection with this lawsuit.

Might this lawsuit apply to me?    

It may if you:

• worked as an hourly employee for West Penn at any of its locations at some point in the last three years;
• worked for at least part of a meal period; and
• were not paid for that meal period.

Are there any deadlines I need to worry about?    

Yes. You will probably only be able to collect wages under federal law for the three years before the date your consent form is filed. Therefore, every day that you wait to submit the consent form means you could be losing some or all of your claim. If you do want to act, you should send in the consent form as soon as possible. However, you will not be represented by our law firm in this case until your consent form is filed with the court.

What is a collective action and who is involved?    

In a collective (or class) action lawsuit, two or more people who have similar claims against an employer, called "Class Representatives," are permitted to assert those claims in a single lawsuit. The people together are a "Class" or "Class Members." The individuals who sue—and all the Class Members like them—are called the plaintiffs. The company that is sued (for example, in this lawsuit, West Penn) is called the defendant. Unless each employee's case ends up being tried separately, one Court resolves the issues for everyone in the Class—except for those people who choose not to join the Class.

In this case, the court has determined preliminarily that hourly employees, who were subject to automatic meal period deductions and who are alleged to be owed overtime compensation as a result of having worked through or during unpaid meal breaks during the past three years, may have sufficiently similar claims that it makes sense to send a notice of rights to such employees.

What does the lawsuit complain about?    

In the lawsuit that the employees are considering bringing, the plaintiffs say that West Penn Allegheny Health System failed to pay hourly employees for all the time that West Penn Allegheny Health System permitted them to do work. Specifically, plaintiffs say that among other things, West Penn Allegheny Health System implemented an automatic meal deduction policy under which hourly employees were not paid for their meal periods, even though the employees did some work during those meal periods.

As part of the lawsuit, the employees will ask that because West Penn Allegheny Health System did not pay overtime as required by law, they are owed that unpaid overtime, as well as additional damages allowed by the law and your attorneys' fees.

What does the lawsuit complain about?    

In the lawsuit, the plaintiffs claim that West Penn had a practice of automatically deducting 30 minutes from employees' workdays for meal periods, even when employees performed compensable work during meal periods.

The plaintiffs allege that West Penn's practices, as alleged above, did not comply with the Fair Labor Standards Act ("the FLSA"), and plaintiffs claim they are owed unpaid overtime, as well as additional damages that may be allowed under the law and attorneys' fees.

How does West Penn respond?    

West Penn denies that it did anything wrong and says that it paid all overtime wages required under the FLSA. West Penn also says that it has policies and procedures in place to insure that any automatic meal break deductions were canceled for employees who worked during any part of a meal break, so that hourly wage employees received all overtime wages to which they were entitled.

Has a Court decided who is right?    

The Court has not decided whether West Penn or the employees are correct. By conditionally permitting the collective action and authorizing an issuance of the Notice sent to current and former employees who may be eligible, the Court is not suggesting that the plaintiffs will win or lose this case. The plaintiffs must prove their claims. Therefore, there is no money or benefits available now.

Once people have had the chance to opt in, the Court will decide whether people who have opted in may participate in this collective action. Only people "similarly situated" to the plaintiffs may participate in this collective action. To determine whether you are indeed a proper member of this collective action, the Court will engage in a review of the circumstances of your employment with West Penn.

Your Rights and Options

How do I join?    

To participate in the lawsuit, you need to fill out the two forms found here and return them to the law firm representing the plaintiffs. You will also need to qualify to participate. It is entirely your own decision whether or not to join this lawsuit.

The signed Consent form must be postmarked as early as October 5, 2009. If your signed Consent form is not postmarked by October 5, 2009, you may be prohibited from participating in any recovery obtained against West Penn in this lawsuit.

If you decide to join this suit, you will be bound by the settlement or judgment, whether it is favorable or not. If there is a favorable resolution, either by settlement or judgment, and you qualify under the law, you will be entitled to some portion of the recovery.

You also may, but are not required, to complete the form entitled, "Information Sheet" and return it to counsel for the plaintiffs. Should you elect to join this collective action, the Information Sheet will provide your lawyers basic contact information and information regarding the dates and locations of your employment with West Penn. The Plaintiffs' lawyers represent to the Court and you that any personal information you may provide will be used for the limited purpose of pursuing this lawsuit.

What if I do nothing?    

If you do nothing, you will not participate in the collective action. You will not be bound by any decision on the federal overtime suit. Therefore, you will not be entitled to any recovery should there be any for those claims.

If you don't join this lawsuit, you will retain any legal rights you may have to overtime compensation and will have other options available to you to pursue the claims for overtime compensation asserted in the lawsuit. You may approach West Penn directly or, if you are a member of a union, you may seek the union's assistance. you also are free to independently retain your own lawyer and file your own individual lawsuit, subject to any defenses that might be asserted. You should be aware that FLSA claims are limited to a two or three-year statute of limitations, and delay in joining this action, or proceeding separately, may result in some or all of your claims expiring under the law.

If I join, will there be any impact on my employment?    

Federal law prohibits West Penn from discharging or in any other manner discriminating against you because you have exercised your rights under the FLSA. Such conduct would be unlawful and you are entitled to damages should a court determine that West Penn took any action against you for joining this lawsuit.

Do I have to do anything to help out with the lawsuit once I join?    

The lawyers will handle most of the presentation of the case. From time-to-time, our legal team will ask you for information and you would need to provide them with that information. While this suit is proceeding, you also may be required to respond to written questions, participate in depositions and/or testify in court. If you asked to give information, plaintiffs' counsel has agreed to work with you so that the process is as convenient for you as possible.

The Lawyers Involved

Do I have a lawyer in this case?    

Not unless you hired a lawyer. The law firm of Thomas & Solomon LLP are the lawyers who have filed suit against West Penn Allegheny Health System. They are experienced in handling similar cases against other employers. More information about the law firm, its practices, and its lawyers' experience is available at theemploymentattorneys.com.

Unless you choose another lawyer (see: Should I get my own Lawyer?), these attorneys would represent you in the action. That representation would only start once you have returned the consent form and that form is filed in court. You would not be represented by the lawyers before that. Once the form is filed, you would only be represented by these attorneys for the claims raised in the complaint in this case.

Should I get my own lawyer?    

You do not need to hire your own lawyer because Thomas & Solomon LLP has agreed to work on your behalf. You may hire a different lawyer if you wish to do so. You would be responsible for making the arrangements to hire that lawyer, including any fee arrangements. If you decide to have another attorney represent you, that attorney will need to draft a consent for that you should then mail to Thomas & Solomon LLP.

How will the lawyers be paid?    

If the attorneys get money or benefits for the employees, they may ask the Court for fees and expenses. You won't have to pay these fees and expenses. If the Court grants the lawyers' request, the fees and expenses would be either deducted from any money obtained or paid separately by West Penn. If there is no recovery you are not obligated to pay fees or costs.

If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

Getting More Information

Are more details available?    

On this website, the lawyers for the employees have put additional information about the case. You can also contact the Plaintiffs' attorneys at:

Hospital Overtime Class Action Lawsuits & Investigations
Thomas & Solomon LLP
693 East Avenue
Rochester, NY 14607
877.272.4066
Contact Us

Please note that merely contacting us does not create an attorney-client relationship.

Attorney Advertising, Advertising Material: Hospital Class Action Lawsuits & Investigations are being handled by Thomas & Solomon LLP. Prior Results do not guarantee similar outcomes. Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and are not a guarantee of whether any recovery may be obtained. If Thomas & Solomon LLP represents you, our representation will be limited to unpaid wage claims or claims arising out of wage and hour law as alleged in the complaint if it is filed. This website should not be construed as legal advice. Attorneys at Thomas & Solomon LLP are licensed to practice in New York State, California, New Jersey, and Pennsylvania only. Thomas & Solomon is not responsible for the content of external internet sites or images from other sources.

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