FAQ's
BASIC INFORMATION
On August 15, 2022, a class action lawsuit (the “Complaint”) was filed in Multnomah County Circuit Court (the “Court”) captioned Jamie Aguilar, Michael Flock, Jessica Lobell, and Trever Palin v. Providence Health & Services - Oregon, Case No. 22CV27153. Jamie Aguilar, Michael Flock, Jessica Lobell, and Trever Palin (collectively the “Plaintiffs”) alleged in the Complaint that Providence Health & Services - Oregon (“Providence”) activated a new payroll system (“Genesis”) that caused widespread disparities in pay for Providence’s employees in Oregon, including: (1) payment of incorrect wage rates, (2) missing work hours from paychecks, (3) missing or late paychecks, (4) absent or incorrect overtime wages, (5) incorrect wage deductions or withholdings, (6) delayed remittance of funds deducted from wages, (7) reductions from PTO, EIB, sick time, or low census banks, (8) unpaid bonuses or per diems, and (9) absent or incorrect wage rates for various types of premium pay, such as shift differentials, incentive pay, certification pay, or clinical ladder pay. The Complaint asserts claims under Oregon wage laws, including ORS 652.120, ORS 652.150, and ORS 652.615, as well as a claim for an equitable accounting of wages (the “Claims”), on behalf of themselves and on behalf of a putative class consisting of all hourly paid, non-exempt employees who were employed by Defendant in the State of Oregon at any time from July 8, 2022, through March 31, 2023 (the “Class”).
Notice was sent to those who were (or are) an hourly paid, non-exempt employee employed by Providence Health & Services - Oregon at some time between July 8, 2022, through March 31, 2023.
YOUR OPTIONS
a. If you want to participate in the Settlement, you do not have to do anything. You will automatically be included in the Settlement and receive a payment from the Settlement Fund if the Settlement is approved by the Court as final. You will also be bound by the Settlement, including the release of legal claims described above, if the Settlement is approved by the Court as final.
b. You may submit one or both of the following claims to receive additional payment: (1) a claim for unpaid wages up to $1,000 by submitting a sworn statement that you were not paid all wages, and still have not been paid all wages, because of the launch of Genesis, and (2) a claim for a late payment penalty up to $1,000 by submitting a sworn statement that you were paid wages late at the end of your employment because of the launch of Genesis. Providence may contest claims submitted if it establishes that records show conclusively that a claim should not be paid. The deadline to submit a claim is 30 days from the date of this notice. All claims must be postmarked no later than March 21, 2025.
c. If you ask to be excluded from the Settlement (or “opt-out”), you will not receive a payment from the Settlement Fund or any other benefits of the Settlement and will not be bound by the Settlement. The Settlement will not affect the legal rights of anyone who timely opts out of the Settlement. The deadline to opt out is 30 days from the date of this notice. All requests to opt out must be postmarked no later than March 21, 2025.
d. You may object and tell the Court why you do not want the Settlement to be approved. If the Court approves the Settlement despite your objection, you will still receive payment as part of the settlement and will still be bound by the Settlement, including the release of claims described above. The deadline to object or comment is 30 days from the date of this notice. All written objections or comments to the settlement administrator must be postmarked no later than March 21, 2025.
OPTING OUT OF THE PROPOSED SETTLEMENT
If you ask to be excluded from the Settlement (or “opt-out”), you will not receive a payment from the Settlement Fund or any other benefits of the Settlement and will not be bound by the Settlement. The Settlement will not affect the legal rights of anyone who timely opts out of the Settlement.
To exclude yourself from the Settlement by opting out, you must mail a written statement to the settlement administrator at:
Genesis Wage Settlement
Attention: Exclusions
P.O. Box 173001
Milwaukee, WI 53217
The statement to exclude yourself must contain: (1) your name, (2) your address, (3) a statement that you wish to be excluded from the Settlement in the matter of Aguilar et. al. v. Providence Health & Services - Oregon, and (4) your signature. You cannot opt out of the Settlement and also object to the Settlement.
The deadline to opt out is 30 days from the date of this notice. All requests to opt out must be postmarked no later than March 21, 2025.
OBJECTING TO THE PROPOSED SETTLEMENT
You may object and tell the Court why you do not want the Settlement to be approved. If the Court approves the Settlement despite your objection, you will still receive payment as part of the settlement and will still be bound by the Settlement, including the release of claims.
To object to the Settlement or comment on the Settlement, you may mail a written objection or comment to the settlement administrator at:
Genesis Wage Settlement
Attention: Objections
P.O. Box 173001
Milwaukee, WI 53217
Your objection or comment must contain: (1) your name, (2) your address, (3) a statement that you want to object to or comment on the settlement in the Aguilar et. al. v. Providence Health & Services - Oregon, and (4) a detailed description of any objections or comments you wish to relay to the Court, and (5) your signature. Your objection should state the specific reason for each objection and any legal support for each objection. The settlement administrator will provide objections and comments to the Court. If you wish, you may also enter an appearance in this case through your own attorney. An appearance through an attorney is not necessary to object to the Settlement.
The deadline to object or comment is 30 days from the date of this notice. All written objections or comments to the settlement administrator must be postmarked no later than March 21, 2025.
THE FINAL APPROVAL HEARING
The Court has preliminarily approved the Settlement as fair, reasonable, and adequate. The Court will hold a hearing to determine whether the Settlement should be approved as final. The hearing is currently scheduled to be held on April 10, 2025, at 2:30 P.M. The date, time, and location of the hearing may change without further notice to you.
No. It is not necessary for you to appear at the hearing unless you have timely filed an objection to the Settlement and wish to be heard by the Court with respect to your objection.