Frequently Asked Questions

 Litvinova v. City and County of San Francisco

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Questions

Answers

1. What is this lawsuit about?

Plaintiff’s Position: This lawsuit is about whether the City and County of San Francisco should have paid overtime to certain Internal Per Diem Nurses --i.e., Staff Nurses also employed as P103 Per Diem Nurses when they worked over 40 hours per week.  Ms. Litvinova contends that additional monies are owed to the Staff Nurses.  This lawsuit contends that Staff Nurses are entitled to overtime under federal law.  Even though the City pays all Staff Nurses who work as Internal Per Diem Nurses in accordance with the Collective Bargaining Agreement between the City and the Nurses’ Union, SEIU, the City does not pay the Staff Nurses the overtime, time and a half, they are entitled to under federal law.

City’s Position: The City denies any wrongdoing and specifically denies that any additional monies are owed to the Staff Nurses. The City contends that Staff Nurses are not entitled to overtime under state or federal law. Nevertheless, the City pays all Staff Nurses who work as Internal Per Diem Nurses in accordance with the Collective Bargaining Agreement between the City and the Nurses’ Union, SEIU, which provides Staff Nurses with overtime premiums in certain situations and also permits Staff Nurses to pick up per diem shifts and receive pay at a premium rate.

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2. What is the Plaintiff asking for?

The Plaintiff is seeking to recover unpaid overtime wages and certain penalties. Plaintiff is also seeking recovery of attorneys’ fees and costs.

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3. What happens if I join the lawsuit?

If you choose to join this lawsuit, you will be represented by the Plaintiff and her lawyers, who will make decisions on your behalf about the conduct of the lawsuit. If the Plaintiff recovers money from the City and County of San Francisco, you may be able to receive a share. But if the Plaintiff doesn’t win, you will be bound by the result and will not be able to separately sue on the issues in this case.

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4. How do I join the lawsuit?

To join this lawsuit, you have two options:

First,  you can read, sign and return the “Consent to Join” form sent to you via regular mail along with the Court Authorized Notice of this lawsuit. The Consent to Join form signed by you must be postmarked by December 20, 2020 for it to be considered timely.  For your convenience, an addressed and postage-paid envelope was included. If the envelope is lost or misplaced, the Consent to Join form must be sent to:

San Francisco Nurse Lawsuit

c/o Claims Administrator

PO Box 58242

Philadelphia PA 19102-8242

If your signed Consent to Join form is not postmarked by December 20, 2020, you may not be eligible to participate in the lawsuit.  

Second, you can join by submitting the online Consent to Join form located here by December 20, 2020. In order to complete this form, you will need to provide your Class Member ID that is found on the Consent to Join form sent to you via regular mail or the email containing the Court Authorized Notice. If you have any questions, please contact the Claim Administrator at 844-271-4788. 

If your signed Consent to Join Form is not postmarked by December 20, 2020, or if you fail to join by filling out the online form by December 20, 2020, you will not participate in this lawsuit, you will not share in any recovery, and you will not be bound by any settlement or judgment.  You will be in the same position as if you do nothing (see “What happens if I do nothing?”).




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5. What happens if I do nothing?

If you do nothing, you will not be affected by the outcome in this case, favorable or unfavorable. You will not be entitled to share any recovery from this lawsuit. You will be free to hire your own lawyer and file your own lawsuit. 

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6. Has the Court decided who is right?

The Court has not ruled on who is right, and there is no guarantee of recovery.  

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7. Who can join this lawsuit?

To be eligible to join this lawsuit, you must have worked as an Internal Per Diem Nurse --i.e., Staff Nurse also employed as P103 Per Diem Nurse for the City and County of San Francisco since December 20, 2015. Specifically, you must have worked in one or more of the following job classifications:

2320 Registered Nurse

2323 Clinical Nurse Specialist 

2325 Nurse Midwife 

2330 Anesthetist 

2340 Operating Room Nurse 

2830 Public Health Nurse 

2328 Nurse Practitioner

and you must have simultaneously been employed in the following classification:

P103 Per Diem Registered Nurse

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8. I’m still not sure if I am included.

If you are still not sure whether you are included, you can get free help by calling or writing the lawyers in this case or the notice administrator, at the phone numbers or addresses listed. 

If you join the case but it is later determined that you are not eligible, you will not share in any recovery. 

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9. What happens next?

You have until December 20, 2020, to opt into the lawsuit. After that date, you will not be allowed to opt in. Then the lawsuit will proceed toward trial, which could take months or years. 

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10. Can the City and/or my current employer retaliate against me if I join the lawsuit?

It is a violation of law for the City to fire, discipline, discriminate or retaliate against you for taking part in this case. If you believe that you have been penalized in any way as a result of your receiving the Notice, considering whether to join this lawsuit, or actually joining this lawsuit, you may contact Plaintiff’s lawyers or any other lawyer you choose. 

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11. Do I have a lawyer in this case?

If you choose to join this lawsuit you will be represented by the following attorney: 

Eduardo G. Roy, Esq. 

PROMETHEUS PARTNERS, L.L.P.

555 Montgomery Street, Suite 708

San Francisco, CA 94111

Telephone: 415.527.0255

[email protected]



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12. How will the lawyers be paid?

The Plaintiff’s attorneys will not charge you directly for their work in this case. If the Plaintiff recovers money, the Plaintiff’s attorneys will be paid whatever attorneys’ fees the Court orders. Those fees may be subtracted from any recovery obtained from the City and County of San Francisco, they may be paid separately by the City, or they may be a combination of the two. If there is no recovery from the City, the attorneys will not be paid for their work on this case. 

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13. What if I still have questions?

Contact the attorneys or the Claims Administrator by phone at 844-271-4788 or by mail at:

San Francisco Nurse Lawsuit

c/o Claims Administrator

PO Box 58242

Philadelphia PA 19102-8242


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This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.

For more information please call (844) 271-4788

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

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Consent to Join

Click here to safely and securely submit a Conesent-to-Join form.

Important Documents

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