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Ashleigh Pruell, On Behalf of Herself and All Other Employees v. Caritas Christi; Caritas Christi Network Services; Caritas Good

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Before Boudin, Lipez and Thompson, Circuit Judges.

In September 2009, plaintiffs Ashleigh Pruell and Amy Gordon filed suit in the district court in Massachusetts against hospitals and health care providers in the Caritas Christi hospital network (“Caritas”), as well as two hospital executives.*fn1 Pruell and Gordon complained of systematic under-compensation–in particular, a failure to compensate them for work performed during their meal break, for work performed before and after shifts, and for time spent attending training sessions. The complaint set forth several claims under federal law: specifically, that Caritas -violated the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 206-207 (2006); -failed to keep accurate records and to credit all hours worked in violation of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1059(a)(1), 1104(a)(1); and -engaged in a pattern of mail fraud by sending misleading payroll checks, in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962, 1964(c).

Plaintiffs purport to represent a large class of Caritas employees; the FLSA claim was brought under that statute’s “collective action” provision, 29 U.S.C. § 216(b), rather than as a class action, but that distinction makes no difference here.

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