This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Fair Labor Standards Act

Kelly Wilson, an individual, on behalf of herself and all others similarly situated v. Primary Provider Management Company Inc., Agilon Health Inc., Cyber Pro Systems dba Medical Data Exchange Inc., Clayton Dubilier & Rice LLC, and Does 1 through 100, inclusive

Published: Sep. 11, 2020 | Result Date: May 18, 2020 | Filing Date: Oct. 2, 2018 |

Case number: 5:19-cv-00114-GW-KK Settlement –  $500,000

Judge

George H. Wu

Court

CD CA


Attorneys

Plaintiff

Daniel P. Myers
(The Myers Law Group, APC)

Jason T. Hatcher
(The Myers Law Group APC)


Defendant

Tracey A. Kennedy
(Sheppard, Mullin, Richter & Hampton LLP)

Ruwani Namal Tantula
(Sheppard, Mullin, Richter & Hampton LLP)

Brett D. Young
(Sheppard, Mullin, Richter & Hampton LLP)

Aracely Abarca
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

Plaintiff Kelly Wilson worked as a nurse for defendant Primary Provider Management Company, Inc., as an exempt employee. Plaintiff filed a class action lawsuit against defendant for wage and hour violations.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant misclassified plaintiff and other nurses as exempt or salaried employees rather than non-exempt or hourly employees. Plaintiff contended that defendant violated California's Unfair Competition Law, the Fair Labor Standards Act and the Private Attorneys General Act for failing to compensate plaintiff's overtime and double time wages; failing to provide proper meal breaks and rest breaks; failing to provide accurate wage statements and failing to provide all wages due at separation.

DEFENDANTS' CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The case settled for $500,000. Class Members will receive a portion of the settlement depending on the duration of work they did for the defendants, as well as if they have already received a direct settlement. Class Members who worked for the defendants between October 2, 2014 and September 30, 2018 and who submits a valid claim form are eligible for an additional award. Individual awards will depend on the duration of work they did for the defendants.


#135451

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390