PITTSBURGH – A registered nurse has brought class action litigation for breach of contract and violation of the Pennsylvania Wage Payment Collection Law, on behalf of herself and others employed by St. Clair Health, and who were allegedly not properly paid for working extra shifts.
Tammy L. Trippe (individually and on behalf of all others similarly situated) of Moon Township filed suit in the Allegheny County Court of Common Pleas on July 5 versus St. Clair Health Corporation, of Pittsburgh.
“Trippe and dozens of other similarly situated nurses, CNA’s, secretaries, escorts/patient transporters and possibly other non-exempt hourly employees who performed work for St. Clair at the St. Clair Hospital in Pennsylvania, each maintained an employment contract with St. Clair while employed by St. Clair, which included representations regarding rates of pay and payment for premium shifts. During the course of her employment with St. Clair, Trippe, along with other member of the class, has been offered additional shifts to work, which are often offered as ‘double time,’ ‘triple time,’ or ‘quadruple time,” the suit says.
“However, when Trippe and other members of the class accept and work such premium shifts, they are often not actually paid double, triple, or quadruple their hourly pay rate, as stated; rather, if the employee has not yet worked 40 hours in the given week, they are only paid at one-and-a-half times their hourly rate for a ‘double time’ shift, two-and-a-half times their hourly rate for a ‘triple time’ shift and three-and-a-half times their hourly rate for a ‘quadruple time’ shift. Additionally, if an employee works a premium shift and later misses work within the same work week due to illness or some other personal reason, the employee’s additional payment for the premium shift is withheld in full.”
The suit contends that St. Clair’s failure to pay Trippe and the other members of the class the wages they reasonably believed were promised and relied upon, constitutes a breach of contract and violation of the Pennsylvania Wage Payment and Collection Law.
“St. Clair breached its contract with the class by failing to pay bargained for and earned wages which were accepted as premium shifts and for which St. Clair failed to actually pay the offered ‘double time,’ ‘triple time’ or ‘quadruple time.’ The class is entitled to special damages in the form of ‘liquidated damages’ as set forth by the PWPCL, because St. Clair did not act in good faith when it willfully violated the PWCPL. The class is also entitled to an award of prejudgment interest at the applicable legal rate. As a result of the aforesaid breach of contract and willful violations of the PWPCL, compensation has been unlawfully withheld by St. Clair from the class,” the suit states.
For counts of breach of contract and violation of the Pennsylvania Wage Payment and Collection Law, the plaintiff is seeking damages according to proof at trial, pre-judgment interest at the highest level rate, from and after the date of service of the initial complaint in this action on all unpaid wages from the date such wages were earned and due, all other relief as this Court may deem proper and equitable; damages for the amount of unpaid wages, in addition to interest and penalties subject to proof, liquidated damages in an amount equal to 25 percent of the total amount of wages due $500, whichever is greater, reasonable attorneys’ fees and costs pursuant to the Wage Payment and Collection Law, and all other relief as this Court may deem proper and equitable.
The plaintiff is represented by Larry A. Weisberg and Derrek W. Cummings of Weisberg Cummings, in Harrisburg.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-008452
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com