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A Lawsuit Has Been Filed Against St. Joseph's Hospital    

To view the most recent Complaint that was filed with the 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.

Magistrate Conditionally Certifies Class Click Here .

Magistrate Authorized Notice Restricts Communication with Potential Plaintiffs Click Here .

District Judge Vacates Restrictions Imposed by Magistrate, Authorizes New Notice Form Click Here .

Magistrate Denies Defendant's Request Seeking Additional Restrictions on Communications with Potential Plaintiffs Click Here .

Judge orders employees of St. Joseph's Hospital to be notified of class action lawsuit Click Here .

If you were employed by St. Joseph's Hospital Health Center, 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 St. Joseph's Hospital Health Center and related entities(referred to in this notice as “St. Joseph's Hospital Health Center”) claiming St. Joseph's Hospital Health Center failed to pay overtime to its hourly employees.

Though the lawsuit has been filed and there has been no determination whether St. Joseph's Hospital Health Center did anything wrong. There is no money available now and no guarantee there will be. However, if you:

  • worked as an hourly employee for St. Joseph's Hospital Health Center at any of its locations at some point in the last six 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

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

By asking to join the lawsuit, you keep the possibility of getting money or benefits that may come from a trial or a settlement in that case. But, you give up any rights to sue St. Joseph's Hospital Health Center separately about the same legal claims brought in that 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 St. Joseph's Hospital Health Center separately about the same legal claims in this lawsuit.

Basic Information

Might this lawsuit apply to me?    

It may if you:

• worked as an hourly employee for St. Joseph's Hospital Health Center at any of its locations at some point in the last six 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, in order to participate in the lawsuit your consent form must be postmarked by September 15, 2009. 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, one or more people called "Class Representatives" sue on behalf of other people who have similar claims. 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, St. Joseph's Hospital Health Center) 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.

Has a Court decided who is right?    

Though a lawsuit has been filed the Court hasn't decided whether St. Joseph's Hospital Health Center or the employees are correct. In this case, the Court has not yet determined whether the employees have similar enough claims that it makes sense to have those claims combined in one case. Therefore, there is no money available now.

The Court will decide whether people who have opted in may participate in the case as class members. Only people "similarly situated" to the plaintiffs may participate as class members. To determine whether you are indeed a proper member of the class, St. Joseph's Hospital Health Center will likely ask the Court to engage in a review of the circumstances of your employment with St. Joseph's Hospital Health Center, taking into account factors such as employment setting, recording and payment for time worked, any defenses asserted against you by St. Joseph's Hospital Health Center, and other procedural issues.

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.

If you fail to do so, you will not be allowed to participate in any recovery for the federal overtime claims in this lawsuit and may be jeopardizing your right to sue.

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, you will be entitled to some portion of the recovery.

What if I never do anything?    

If you do nothing, you will not participate in the collective action that is filed. 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.

You can also start your own lawsuit against St. Joseph's Hospital Health Center. You'll have to hire and likely pay your own lawyer for that lawsuit, and you'll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against St. Joseph's Hospital Health Center, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations for your Federal claims of two or potentially three years if the violations are found to be willful.

I am afraid St. Joseph's Hospital Health Center may take some action against me if I join.    

You would be one of a large number of employees whose consent forms are filed seeking back pay. Further, St. Joseph's Hospital Health Center is prohibited from taking any action against you should you join this lawsuit. Such conduct would also be illegal and you are entitled to additional damages should a court determine St. Joseph's Hospital Health Center 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 give that information to them. If a lawsuit is filed, you may also be asked to answer questions from your employer’s attorney prior to trial for part of a day. Should there be a trial, some Plaintiffs may testify. Regardless, if you are asked to give information, the attorneys will 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 St. Joseph's Hospital Health Center. 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.

Are you my lawyer?    

Not presently and not unless the following conditions are met. We can only be your lawyer if you submit your consent form, you qualify to participate, and it is filed with the court.

Thomas & Solomon LLP's representation of you would only start once you have decided to participate in a lawsuit, you were eligible and your consent form has been filed in court. You would not be represented by our legal team before that. If your consent form is filed with the court, you would only be represented by our legal team for the claims raised in the complaint in the case.

Should I get my own lawyer?    

You do not need to hire your own lawyer if you and Thomas & Solomon LLP agree that our legal team should represent you, something that will occur only once you decide to participate in the lawsuit, and your consent form is filed with the court. If you want your own lawyer before then, or instead of Thomas & Solomon LLP, you will likely have to pay that lawyer. However, you can ask him or her to evaluate your case, file a complaint, or appear in court for you if you want someone other than Thomas & Solomon LLP to speak for you.

How will the lawyers be paid?    

If our legal team gets money or benefits for the employees, they may ask the Court for fees and expenses. Typically, if a case settles a portion of the settlement is approved by the court as attorney fees. Costs of the lawsuit are also typically paid out of the settlement fund. These fees and costs reduce the amount the plaintiffs recover. In no case would you be asked to spend your own money for attorney fees or costs. You won't have to pay these fees and expenses out-of-pocket. If the Court grants the lawyers' request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by St. Joseph's Hospital Health Center. 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.

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.

Thomas & Solomon LLP | 693 East Avenue, Rochester, NY 14607 | 877.272.4066 (tel), 877.272.4088 (fax)