FLSA & MO Rule 23 Combination Notice of Class Action Settlement

FLSA Notice of Collective Action Settlement

MO Rule 23 Notice of Class Action Settlement

Plaintiffs’ First Amended Collective Action and Class Action Complaint

Settlement Agreement and Release

Settlement Claim Form

‍

What is this Lawsuit About?

In 2019, the Lawsuit was filed in federal court in Missouri alleging Correctional Nurses may not have been properly paid for all time worked. The lawsuit alleges certain Corizon pay practices violated the Fair Labor Standards Act (“FLSA”) and state law. The Lawsuit is pending before the Honorable Stephen R. Bough in the United States District Court for the Western District of Missouri, Southern Division, under the title Fritz, et al. v. Corizon, Inc. et al., Case No. 6:19-CV-3365-SRB.

Corizon has denied, and continues denying, all of the allegations in the Lawsuit and denies it violated the FLSA or Missouri law. Corizon maintains Correctional Nurses were properly paid for their hours worked. The Court has not decided who is right and who is wrong, or weighed the arguments of either side. The parties, however, agreed to a settlement.

You are eligible to receive a settlement payment in exchange for a release of your claims as alleged in the Lawsuit.


Who is included in the settlement?

The Court certified a FLSA collective action and a Missouri class action.

FLSA Collective: Any individual who (a) is, or was, employed by Corizon as an hourly, non-exempt nurse and worked more than 40 hours in a workweek (i.e., from Sunday at midnight through Saturday at 11:59 p.m.) on an hourly, or non-exempt basis between October 15, 2016, through the present, and (b) performed pre- and post-shift activity for which they were not paid because their time clock was not near (i.e., within 25 feet) of the facility’s entrance/exit. Nationwide notice was sent and 949 individuals joined the FLSA collective. Those 949 individuals make up the FLSA Collective.

Missouri Class: The Court also certified a Missouri class action consisting of current and former hourly correctional Nurses in Missouri from October 15, 2014, through the final disposition of this matter, who have pay periods where they did not record more than forty (40) hours in a seven day period, and worked at one of the following locations:

Boonville Correctional Center
Chillicothe Correctional Center
Cremer Therapeutic Community Center
Fulton Reception & Diagnostic Center
Jefferson City Correctional Center
Kansas City Reentry Center
Maryville Treatment Center
Missouri Eastern Correctional Center
Moberly Correctional Center
Northeast Correctional Center

Ozark Correctional Center
Potosi Correctional Center
South Central Correctional Center
Southeast Correctional Center
St. Louis City Criminal Justice Center
St. Louis City MSI
Tipton Correctional Center
Transition Center St. Louis
Western Missouri Correctional Center
Western Reception Diagnostic and Correctional Center
Crossroads Correctional Center

‍Your Options Under the Settlement

OPTION 1 – SUBMIT A CLAIM FORM TO BE ELIGIBLE FOR PAYMENT

• If you received a Claim Form with your notice packet, you are a part of the Rule 23 Class. Rule 23 Class Members must complete and sign the enclosed Claim Form.  
• The Claim Form must be digitally signed or mailed to the Settlement Administrator by no later than May 9, 2022. You may submit a claim online by Clicking Here.
• You will give up the right to sue Corizon for your state law claims.

OPTION 2 – DO NOTHING

• You will not receive a payment pursuant to the Settlement
• You will release your state law claims (outlined in the Scope of Release Section of the Notice) and be bound by the terms of the Settlement.
• You will give up your right to sue Corizon for your state law claims.
• If applicable, you will preserve your FLSA claims against Corizon (outlined in the Scope of Release Section of the Notice).

OPTION 3 – EXCLUDE YOURSELF FROM THE SETTLEMENT

• You can choose to opt out of the Settlement and retain any legal rights you may have against Corizon.
• To exclude yourself from the Settlement, you must submit or return a signed exclusion request.
• If you exclude yourself, you will not receive payment under the Settlement

OPTION 4 – FILE OBJECTION

• If you do not exclude yourself from the Settlement, you may write to the Court explaining why you disagree with the Settlement or speak with the Court at a final fairness hearing about the fairness of the Settlement. In advance of the final fairness hearing, you must send written notice of your desire to speak with the Court.