Gillespie and Suastegui v. Plum Healthcare Group, LLC

SUPERIOR COURT OF CALIFORNIA
COUNTY OF TULARE
Case No. VCU285376

If you received a Notice of Class Action Settlement and Final Approval Hearing (“Notice”) regarding this Settlement, it is because the records of Plum Healthcare Group, LLC and/or the applicable Facility Entity show you performed work as a non-exempt employee at one of 37 healthcare facilities in California (“Facilities”), identified in Section 2 of the Notice, between December 17, 2016 and July 17, 2023. Because you fit this definition, you may be entitled to receive money from a Settlement in this case.

This case alleges that hourly-paid, non-exempt individuals who worked at the Facilities were not paid for all hours that they actually worked (i.e., they worked “off the clock” without pay), inclusive of all minimum wages and overtime. The case also alleges that these workers were not provided compliant meal periods and rest breaks. The case further alleges that these workers were not reimbursed for necessary business expenses that they incurred for their work, were not provided complete and accurate wage statements, and were not paid final wages at the end of employment. The case seeks recovery of unpaid wages, statutory damages, civil penalties under the PAGA, restitution, interest, and attorneys’ fees and costs. The claims in this case are brought under California law.

Your rights and options under the Settlement depend on whether you are a Class Member, an Aggrieved Employee, or both. Please view the Notice of Estimated Settlement Award included with your mailed and/or emailed Notice to determine whether you are a Class Member, an Aggrieved Employee, or both. As a general matter, only Class Members are permitted to opt-out or object. If you are only an Aggrieved Employee under the Settlement, you are not permitted to opt-out or object. Within this framework, the following options are available.

Do Nothing:

(1) If you are a Class Member and do not timely and validly opt-out, you will automatically become a Participating Class Member and receive your Class Settlement Share and will be bound by the Settlement including its release provisions for Participating Class Members. (2) If you are an Aggrieved Employee and do nothing, you will be paid your PAGA Settlement Share and will be bound by the Settlement including its release provisions for Aggrieved Employees. You may utilize the Notice of Estimated Settlement Award to provide address changes to the Settlement Administrator (please retain a copy for your records).

Opt-Out:

If you are Class Member and do not wish to be bound by the Settlement, you must submit a written Request for Exclusion (“opt-out”), postmarked by July 27, 2024. The Request for Exclusion must contain your full name, address, telephone number, email address (if applicable), last four digits of your social security number, and must be signed individually by you. No Request for Exclusion may be made on behalf of a group. The Request for Exclusion must be sent by mail to the Settlement Administrator at Atticus Administration, PO Box 64053, Saint Paul, MN 55164.

Any Class Member who opts out of the Settlement will not be entitled to any Class Settlement Share, will not be bound by the Released Claims, and will not have any right to object, appeal or comment on the Settlement.

However, Class Members may not opt out of the PAGA portion of the Settlement. Thus, Class Members that are also Aggrieved Employees will still receive their PAGA Settlement Share and will still be subject to the release of PAGA claims under the Settlement even if they opt out.

If you are ONLY an Aggrieved Employee, and not a Class Member, you are not permitted to opt out of the Settlement.

Object:

If you are Class Member and wish to object to the Settlement, you may submit a written statement objecting to the Settlement by July 27, 2024. The statement must state the factual and legal grounds for your objection to the Settlement. The statement must state your full name, address, telephone number, and email address (if applicable), and must be signed by you or your attorney. The postmark date of mailing to the Settlement Administrator shall be the exclusive means for determining that an objection is timely mailed.

You may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties to the lawsuit. Your written objection should indicate whether you intend to appear at the Final Approval Hearing. Objections will only be considered if the Class Member has not opted out of the Settlement.

If you are ONLY an Aggrieved Employee, and not a Class Member, you are not permitted to object to the Settlement.