Kaleida Health Class Action Lawsuit

How Can I Collect Back Wages I Am Entitled To From Kaleida Health?

You can start by completing these forms to help us give you legal advice about any back wages you may be owed.

Our legal team has filed a lawsuit against Kaleida Health. The Judge has ordered that only certain employees will receive the Court Notice of the lawsuit in the mail. THEREFORE, IF YOU DO NOT RECEIVE THE COURT NOTICE, IT IS CRUCIAL THAT YOU CONTACT OUR LAW FIRM BECAUSE OUR LEGAL TEAM EXPECTS TO CERTIFY A SEPARATE CLAIM TO RECOVER ANY WAGES YOU MAY BE OWED.

Kaleida employees who held the following positions: Registered Nurse, Staff Nurse, Licensed Practical Nurse, Nurse Aide, Respiratory Therapist at the following Kaleida locations: Buffalo General, DeGraff Memorial, Millard Fillmore Gates Circle, Millard Fillmore Suburban, Women and Children's Hospital of Buffalo, Deaconess Center, Waterfront Health Care Center will receive the Court Notice in the mail.

Warning: If you do not complete the consent form you cannot get any back wages from this lawsuit.

Warning: Because of court deadlines, you can lose some or all of any back wages you are entitled to if you delay returning this consent form. Please respond immediately if you want to ask for any back wages you are entitled to.

Click here for important information about our potential representation of you.

Are there any Deadlines?

Yes. If you want to look at recovering your back wages, you need to act quickly.

The Judge has ordered that Kaleida employees have only 60 days to submit their consent forms to participate in this action. THEREFORE, IF YOU DO NOT RECEIVE A CONSENT FORM IN THE MAIL IN THE UPCOMING WEEKS, IT IS CRUCIAL THAT YOU CONTACT OUR LAW FIRM BECASUE OUR LEGAL TEAM EXPECTS TO CERTIFY A SEPARATE CLAIM TO RECOVER ANY WAGES YOU MAY BE OWED.

Under federal overtime law, you are generally not entitled to back pay for more than three years prior to the time your consent form is filed with the court. (New York State law allows you to recover for the last six years). Therefore every day that goes by before you take action means that you could be losing some or all of your back wages for work before those dates.

Click here for important information about our potential representation of you.

How Was I Not Paid Overtime Correctly?

Our team’s investigation into the pay practices of Kaleida Health has shown that it automatically deducts the time for a meal period from your pay, even when you did not get an uninterrupted meal period.

It is against the law for Kaleida Health to not pay you for a meal period when you are interrupted or miss it. Federal law and regulations clearly say Kaleida Health must pay you for interrupted or missed lunches. Click here.

The United States Department of Labor has recently issued a bulletin warning health care employers such as Kaleida Health that they are breaking the law whenever they deduct for meal periods and you are interrupted or miss that meal period.

Really what Kaleida Health is doing is “stealing time”—from you. Kaleida Health would fire you if you automatically added a half-an-hour a day to your time, whether you worked it or not. It is just as wrong for Kaleida Health to automatically take a half-an-hour of time away from you each day whether you worked through your meal period or not.

Similar cases brought by different attorneys in other jurisdictions have resulted in significant recoveries for employees.

A similar case filed against a health care employer was recently settled by our legal team. Click here.

Prior results do not guarantee similar outcomes.

What If I Knew I Was Not Going To Be Paid For This Time?

That does not matter—you still need to be paid for it. The regulations require that Kaleida Health pay you for all the time you are permitted to work. If you work the time, you are to be paid for it, even if you agreed to work, and even if you did not expect to get paid for it.

What If I Don’t Have Any Time Records?

You don’t need your time records to be able to recover money. The law requires that Kaleida Health keep accurate time records for the time you worked. Because Kaleida Health did not do that, your testimony will be used to determine the amount you are owed.

Do I Need To Pay Any Money?

No. There is absolutely no cost to join the case.

Instead, our fees will be paid by the employer or from any settlement. If there is no recovery you are not obligated to pay any fees or costs.

If, as we expect, we get money or other benefits for the employees, we will likely ask the Court for our fees and expenses. Typically, a portion of a settlement or verdict is approved by the court as attorney fees. Costs of the lawsuit are also typically paid out of the settlement fund. In no case would you be asked to spend your own money for attorney fees or costs. You won't have to pay these fees and expenses out-of-pocket. If the Court grants the lawyers’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Kaleida Health. To the extent fees and costs are paid from a settlement fund, the class members' share is reduced.

If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate.

Should I Be Afraid Of Participating In The Case?

No. Federal and state law protects all employees for taking part in any lawsuit attempting to recover their overtime pay. Therefore, once consent form is filed with the Court, you will become protected by both federal and state law against any type of retaliation.

Further, we expect to file scores, and likely hundreds, of forms from employees like you. You will not be alone. Until we file your consent form it will remain confidential and we will not tell Kaleida Health that you are joining the case.

We do not expect that you or anyone else will be retaliated against. The Court and this law firm will ensure that no negative action is taken against you for your participation. If Kaleida Health takes any adverse employment action against you, the penalties are severe. You are entitled to either reinstatement back to your job, or the pay differential at a new job, double damages, and attorneys' fees.

Be aware that until you join this lawsuit you will obviously not be under the protection of federal law.

If you would like to talk confidentially (and at no charge or obligation) to one of the attorneys handling this case, please contact us and we can do so before you complete the consent form.

Do I Qualify For The Case?

The Judge has ordered that only certain employees will receive the Court Notice of the lawsuit in the mail. THEREFORE, IF YOU DO NOT RECEIVE THE COURT NOTICE, IT IS CRUCIAL THAT YOU CONTACT OUR LAW FIRM BECAUSE OUR LEGAL TEAM EXPECTS TO CERTIFY A SEPARATE CLAIM TO RECOVER ANY WAGES YOU MAY BE OWED.

Additionally, you can contact us to see if you qualify. There is no charge or obligation if you contact us. We will not disclose to Kaleida Health that you have contacted us.

How Much Money Would I Be Entitled To?

Our legal team has estimated the unpaid wages for the class of Kaleida Health could be a significant amount.

It would take a detailed calculation based on the facts of your case to determine how much you may be owed.

However, the amounts can be significant. You could be entitled to some or all of the following:

the straight time pay you lost each week of the last six years,
time-and-one-half if that additional time means you worked over 40 hours in a week,
doubling of that amount,
state penalty which is now 100%,
interest,
your attorneys' fees paid by your employer

Remember you are not represented by this law firm until we have filed your consent form with the court.

When Will I Be Represented By Your Law Firm?

Our representation of you will only start once we have received your consent form and have filed your consent form with the court.

What If I Want To Talk To You Before I Join?

Simply contact us with any questions or concerns.

We can let you know if we believe you can recover money from any lawsuit that is filed. You can then decide whether you want to participate. We will only represent you when we have filed a lawsuit, you have asked to participate by providing us your consent form, and we have filed it on your behalf with the court.

As part of the team’s review process, we will not:

disclose your name to your employer,
charge you any money,
or ask the court for any money for you.

Your name will only be revealed if you decide you want to ask the Court for your back wages and we file your consent form with the court.

Warning: If you only contact us and do not complete a consent form, we are not representing you or asking for your back wages.

Given the strict court deadlines, you need to consider whether you should instead complete the consent form as opposed to only contacting us for legal advice.

What Are The Primary Goals Of This Lawsuit?

Our primary goals in this class action are to:

Get for you the best recovery.
Prohibit Kaleida Health from engaging in illegal conduct under the wage laws.
Recover unpaid wages and overtime and other damages for employees who were not properly paid for the time they worked.

Why Is The Consent Form So Important?

To participate once the case is filed you must submit a consent form. It is critical that you read the entire form. If you have any questions or concerns regarding the consent form, please contact us immediately.

Once your consent form is filed with the court you will be considered a party plaintiff. Ultimately, named representative plaintiffs will make the decisions regarding how the litigation proceeds as they are empowered to make decisions on behalf of the entire class.

The judge has ordered that only certain employees will receive the Court Notice of the lawsuit in the mail. THEREFORE, IF YOU DO NOT RECEIVE THE COURT NOTICE, IT IS CRUCIAL THAT YOU CONTACT OUR LAW FIRM BECAUSE OUR LEGAL TEAM EXPECTS TO CERTIFY A SEPARATE CLAIM TO RECOVER ANY WAGES YOU MAY BE OWED.

Attorney Advertising, Advertising Material: Hospital Class Action Lawsuits & Investigations are being handled by Thomas & Solomon LLP. Prior Results do not guarantee similar outcomes. Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and are not a guarantee of whether any recovery may be obtained. If Thomas & Solomon LLP represents you, our representation will be limited to unpaid wage claims or claims arising out of wage and hour law as alleged in the complaint if it is filed. This website should not be construed as legal advice. Attorneys at Thomas & Solomon LLP are licensed to practice in New York State, California, New Jersey, and Pennsylvania only. Thomas & Solomon is not responsible for the content of external internet sites or images from other sources.

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