Aurora Behavioral Health Care $6.25M CA Labor Settlement

If you were employed as a Registered Nurse, Licensed Vocational Nurse, Licensed Psychiatric Technician, Mental Health Worker, or Behavioral Health Care Specialist at Aurora Las Encinas Hospital or Aurora Charter Oak Hospital from August 6, 2005, through April 10, 2013, you may be eligible to claim a settlement from a class action lawsuit.

Aurora Behavioral Health Care has agreed to pay $6,250,000 to settle a class action lawsuit for alleged violations of the California Labor Code, including unpaid overtime and missed meal and rest breaks.

Who are the class members?

Class members include those who were employed:

• When: from August 6, 2005, through April 10, 2013
• Where:
• Aurora Las Encinas Hospital
• Aurora Charter Oak Hospital

• Positions:
• Registered Nurse
• Licensed Vocational Nurse
• Licensed Psychiatric Technician
• Mental Health Worker
• Behavioral Health Care Specialist

PAGA members include those employed from July 7, 2009, through April 10, 2013 at the same facilities and the same positions as above.

How much can class members get?

Class members will receive payments based on the number of compensable shifts and the positions held. The Net Settlement Amount will be divided among class members using the following formula:

• Mental Health Workers and Behavioral Health Specialists: Value of 1.0 per shift.
• Licensed Vocational Nurses and Licensed Psychiatric Technicians: Value of 1.5 per shift.
• Registered Nurses: Value of 2.5 per shift.

The total compensable shifts for all class members will be divided by the Net Settlement Amount to determine each class member's payment ratio. This ratio will then be multiplied by the Net Settlement Amount to determine the individual settlement payment.

PAGA members will receive a pro rata share of the $25,000 allocated for PAGA payments based on the number of pay periods worked during the PAGA period.

Example Calculation

Suppose the Net Settlement Amount is $3,445,259 and there are 350,467 compensable shifts in total. If a Registered Nurse worked 200 shifts, the calculation would be as follows:

1. Calculate the value of the shifts: 200 shifts \* 2.5 = 500.
2. Determine the payment ratio: 500 / 350,467 = 0.001427.
3. Calculate the individual payment: 0.001427 \* $3,445,259 ≈ $4,918.68.

No action needed to receive compensation

If you are a class member, you do not need to take any action to receive your settlement payment. The payment will be mailed to you automatically after the Court grants final approval of the settlement.

$6,250,000 Settlement Fund Breakdown

The settlement fund of $6,250,000 will cover:

• Settlement administration costs: Up to $18,000.
• Class counsel award: Up to $2,083,333 (33.333% of the gross settlement amount).
• Reimbursement of litigation costs: Up to $485,000.
• Service awards for class representatives: $125,000 collectively ($25,000 each).
• PAGA payment: $100,000, with $75,000 payable to the California Labor Workforce Development Agency and $25,000 to PAGA members.

Important dates

• Dispute Deadline: 08/10/2024
• Objection Deadline: 08/10/2024
• Final Approval Hearing: 11/13/2024

When is the payout date?

The awards will be paid after the Court grants final approval of the settlement at the Final Approval Hearing on November 13, 2024.

What happens next?

The Court will hold a Final Approval Hearing on November 13, 2024, to determine the adequacy, reasonableness, and fairness of the settlement. If approved, the settlement payments will be distributed to class members.