Delta (Colo.) County Memorial Hospital, also known as Delta Health, will settle a collective action lawsuit alleging the hospital did not compensate for off-the-clock work performed by hourly staff, according to court documents accessed by Becker's.
A joint notice of settlement filed April 19 states that the hospital and group of patient care workers "engaged in settlement communications and jointly reached an accord to settle this case in its entirety." Both parties have 21 days to file a joint motion for approval of the settlement.
"The parties are still in the process of drafting the terms of the settlement so Delta Health cannot provide any further comment on the settlement at this time," the health system said in a statement shared with Becker's. "Delta Health can state that it has always followed the applicable laws related to this case and continues to value the efforts of the organization’s employees."
Attorneys for the plaintiffs did not immediately respond to Law360's request for comment.
The lawsuit, originally filed Oct. 15, 2019, by a pulmonology clinic nurse who formerly worked at the hospital, alleges the hospital allowed staff to be interrupted during their meal and rest breaks. Krystal Gray contends she and other workers were never completely relieved of job duties during unpaid meal breaks and that the hospital did not pay hourly, non-exempt patient care staff for all time spent working off the clock, according to the Montrose Daily Press.
Ms. Gray filed for collective status to allow nurses, nursing assistants, aides, technicians and others who are not exempt under the Fair Labor Standards Act to join the lawsuit.
In March 2021, U.S. District Judge R. Brooke Jackson in Colorado approved a collective action notice, meaning attorneys could send out notices to all hospital employees who may be included in the lawsuit.
In February 2023, the hospital sought to decertify the collective action status, according to Law360.
Delta Health argued the collective action encompassed workers across various roles with different responsibilities and working conditions, and that workers are allowed to adjust their time cards to reflect overtime.