bennett-v-providence

Providence Health & Services must pay more than $229 million in unpaid wages to Washington healthcare workers.

On April 18, 2024, a King County jury found that Providence Health & Services must pay more than $229 million in unpaid wages to more than 33,000 employees in Washington state.

In 2021, HKM Employment Attorneys filed a lawsuit on behalf of Naomi Bennett, Janet Hughes, and hourly healthcare workers at Providence Health & Services alleging systematic and willful wage violations for:

  • denying second meal periods to hourly workers who worked long shifts, and
  • underpaying workers through an unlawful timeclock rounding system.

In January 2024, a King County superior court judge found that Providence willfully withheld wages based on violations of Washington’s wage laws. The jury trial was held to determine the amount of unpaid wages and damages after the Court’s legal ruling on summary judgment.

The jury awarded $90.3 million in unpaid wages for second meal period violations, and $9.3 million in unpaid wages for unlawful timeclock rounding. After subtracting $1.3 million for those workers who knowingly agreed to waive their second meal breaks, the verdict was $98.2 million. Due to the Court’s prior ruling, that amount will be doubled according to state law. Including statutory interest, that brings the total amount Providence owes its hourly employees to more than $229 million.

Providence used a 15-minute rounding policy to pay its hourly workers. This means that an employee’s hours worked were rounded to the nearest 15-minute increment. If an employee clocked in at 6:53 AM, their clock-in time would be rounded to 7 AM. If the employee clocked in at 6:52, the time would be rounded to 6:45 AM.

A judge found that taken in conjunction with other policies and practices at Providence hospitals, this rounding policy had the overall effect of denying hourly employees pay for all time worked. As a result of its timeclock rounding practice, Providence underpaid its hourly employees for more than 234,000 hours of work time.

Hourly workers in Washington state are entitled to a 30-minute unpaid meal break for every 5 hours worked. Providence routinely denied second meal breaks to hourly employees who worked shifts of more than 10 hours, resulting in unpaid wages. Providence’s meal period practice resulted in more than 3.6 million second meal period violations.

The class includes all hourly workers employed by Providence Health & Services in Washington state who were subject to these unlawful wage practices between September 2018 and May 2023.

If you are a member of either the Rounding Class or Second Meal Class, you would have received a formal notice from the Court in the mail in August 2023 informing you of your rights in the lawsuit.

No. If you were an hourly worker at Providence in Washington state from September 2018 to May 2023, and received a notice in the mail then you are automatically part of the class.

Individual payments for unpaid wages will depend on each employee’s situation. They will be calculated by a third-party administrator based on how much unpaid wages each employee is owed due to Providence’s unlawful wage practices.

While the trial has concluded, Providence still refuses to accept accountability and has indicated that it will appeal the judgment. This means that workers must wait even longer to receive the wages they are owed due to these willful wage violations.

Yes. Spread the word about the case and jury verdict. You and your co-workers can talk about these issues with co-workers and with your networks. Please share information on social media and demand Providence take accountability for its unlawful wage practices and unpaid wages to more than 33,000 caregivers.

Fill out this form if your contact information has changed, or if you’d like to share a question or comment with our legal team.

If you worked for Providence in Washington as an hourly caregiver between September 2018 and May 2023 and lost pay due to these practices, then you will be included in the class regardless of where you live or work now.

If you work for Providence outside of Washington state, you are not included in the class or this case. However, if you have questions about your pay, breaks, or other policies in your workplace, please reach out through our Healthcare Workers Hotline – 888-804-1446.

Yes. If you work at another hospital, in Washington state or elsewhere, and have questions or concerns about potential unpaid wages or other policies in your workplace, please reach out to us and we will follow up with you ASAP.

Questions about this case?

You can reach out to HKM Employment Attorneys by filling out the form below or calling – 206-453-2123

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