Health care employers have faced an onslaught of wage and hour class actions over the last few years. It all started in 2008, with a localized outbreak of class and collective actions filed against hospital systems in Rochester, New York. It has now become an epidemic, with the filing of nearly identical cases against large health care systems throughout the Northeast during 2009. And more recently, another 22 class and collective actions were filed in federal and state courts against major New York–area hospital systems. Many law firms have now joined the frenzy, filing wage and hour class and collective actions against health care employers in state and federal courts across the country, including ones in California, the District of Columbia, Florida, Illinois, Indiana, Massachusetts, Michigan, Tennessee, Texas, and elsewhere. In some cases, the potential classes may include more than 100,000 employees.
Among the hottest claims are allegations of unpaid off-the-clock work, including allegedly unpaid pre- and post-shift work and challenges to the automatic deduction of meal periods from an employee’s pay. Some class actions have asserted claims regarding “rounding,” pay-by-schedule timekeeping, allegedly unpaid training time, and purportedly unauthorized edits to employee time records.
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