Sali and Spriggs moved for certification of the following seven classes:Īll current and former nurses who work or worked for Defendants during the Proposed Class Period who were not paid all wages due them, including straight time, overtime, double time, meal premiums, and rest premiums due to Defendants' rounding time policy.Īll current and former nurses of Defendants who work or worked pursuant to an Alternative Workweek Schedule (“AWS”) during the Proposed Class Period who were “flexed” between the 8th and 12th hour of work due to low patient census and not paid daily overtime.Īll current and former nurses of Defendants who work or worked pursuant to an AWS during the Proposed Class Period who signed an invalid meal period waiver, and (1) not provided a second meal break after 10 hours of work (2) not provided meal periods before 5 and 10 hours of work and/or, (3) not provided a second meal period after 12 hours of work.Īll current and former nurses who work or worked for Defendants during the Proposed Class Period who were not relieved of all duty and therefore not authorized and permitted to take 10-minute, uninterrupted rest breaks for every four hours worked.Īll current and former nurses who work or worked for Defendants during the Proposed Class Period who were not paid at the correct regular rate for overtime, double time, meal premiums, and rest premiums.Īll current and former nurses who work or worked for Defendants during the Proposed Class Period who were not provided pay stubs that complied with Labor Code § 226.Īll former nurses who worked for Defendants from Augwho were not paid all wages due at the time of separation from their employment with Defendants. Corona removed the case to the United States District Court for the Central District of California. They filed this putative class action in California State Court on behalf of “all RNs employed by Defendants in California at any time during the Proposed Class Period who (a) were not paid all wages at their regular rate of pay (b) not paid time and a-half and/or double time for all overtime hours worked and (c) denied uninterrupted, ‘off-duty’ meal-and-rest periods.” They allege Corona violated California law by (1) failing to pay all regular hourly wages (2) failing to pay time-and-a-half for all overtime (3) failing to pay double time for all hours worked in excess of twelve hours in a day (4) not providing compliant meal and rest breaks (5) failing to timely pay all wages due to separated former employees within seventy-two hours of separation and (6) failing to provide accurate itemized wage statements. They assert that a number of Corona's employment policies and practices with respect to RNs violate California law and have resulted in underpayment of wages. Sali and Spriggs are RNs formerly employed by Corona. Because the district court abused its discretion by relying on each of these reasons to deny class certification, we reverse.Ĭorona operates a hospital in Southern California that employs hourly-wage RNs. The district court denied certification on the basis that (1) Federal Rule of Civil Procedure 23(a)'s typicality requirement is not satisfied for any of the proposed classes because Sali and Spriggs failed to submit admissible evidence of their injuries (2) Plaintiff Spriggs and proposed class counsel have not demonstrated they will adequately represent the proposed classes and (3) several proposed classes fail to satisfy Rule 23(b)(3)'s predominance requirement. 1 Sali and Spriggs moved for certification of seven classes of Registered Nurses (“RNs”) they allege were underpaid by Corona as a result of certain employment policies and practices. Marlyn Sali and Deborah Spriggs (“Sali and Spriggs”) appeal the district court's denial of class certification in this putative class action alleging employment claims against Corona Regional Medical Center and UHS of Delaware, Inc. James, Littler Mendelson P.C., San Diego, California, for Defendants-Appellees. Hayes (argued), Khatereh Sage Fahimi, and Stacey E. Chase, Bisnar Chase LLP, Newport Beach, California, for Plaintiffs-Appellants. Margaret McKeown and Kim McLane Wardlaw, Circuit Judges, and Salvador Mendoza, Jr.,* District Judge. CORONA REGIONAL MEDICAL CENTER Uhs of Delaware Inc., Defendants-Appellees. Marlyn SALI and Deborah Spriggs, on behalf of themselves, all others similarly situated and the general public, Plaintiffs-Appellants, v. United States Court of Appeals, Ninth Circuit.
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