Facts

On August 24, 2016, Valerie Cashon filed a class action suit against Kindred Healthcare Operating. Cashon, who purportedly worked as an occupational therapist for Kindred, asserted claims against Kindred’s wage-and-hour practices. On September 4, 2018, Judge Richard Seeborg, granted final approval and thereafter, checks were mailed to class members, including Sarah Stonehocker, an occupational therapist who cashed the check. On February 14, 2019, Stonehocker filed a wage-and-hour class action against Kindred Healthcare Operating.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's strict productivity standards resulted in plaintiff and others clocking in hours for which they were unpaid. Specifically, plaintiff alleged that defendant required skilled clinicians working at its skilled nursing facilities to maintain minimum patient care ratios and in order to meet those requirements plus complete certain necessary unskilled work, skilled clinicians performed unpaid and undocumented overtime work.

DEFENDANT’S CONTENTIONS: Defendant denied all contentions and argued that plaintiff was bound by the judgment and dismissal entered in the Cashon case.

Result

On September 19, 2019, Judge Yvonne Gonzalez Rogers denied Kindred's motion for summary judgment; Kindred had argued that as the two cases arose from the same facts, summary judgment should be granted. Judge Rogers ruled otherwise, noting that the two cases differed. For example, the *Cashon* settlement concerned Kindred's compensation of clinicians working in the home healthcare setting whereas *Stonehocker* dealt with Kindred's compensation of clinicians working in the skilled nursing facility setting. Both parties submitted evidence indicating that the nature of the work and the pay structures differed in the two settings. Then on April 27, 2021, the court granted final approval of the final settlement. The case settled for $1.995 million.