State Supreme Court directs certification of class action on missed nurse rest breaks

April 19, 2018

The Washington State Supreme Court overturned a lower court ruling in Chavez v. Our Lady of Lourdes, certifying class action against Lourdes Medical Center for lost wages due to do missed nurse rest breaks. WSHA submitted an amicus brief in support of the hospital’s position, and the precedent the case sets is concerning for all Washington hospitals. WSHA is working with its attorneys to review the decision and determine next steps. Read the ruling.

The lower courts had found the missed rest break claims did not meet the “predominance” and “superiority” elements in the test for class action certification. Among other things, the courts found the nature of nursing work and the ways in which the breaks were missed were too individual in nature to justify class status. The Supreme Court disagreed and remanded the case with instructions to certify the class. Contact WSHA Executive Vice President and General Counsel Taya Briley for more information. (Taya Briley)


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