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Juelaine Miller, et al. v. ThedaCare, Inc., Case No. 2:15-cv-00506 (E.D. Wis.)

Updated September 16, 2016.

On April 29, 2015, Jueliene Miller, Kathleen Albers, and Linda Auler (“Plaintiffs”) filed a lawsuit against ThedaCare, Inc. (“Defendant”) in the United States District Court for the Eastern District of Wisconsin (Case No. 2:15-cv-00506).

On August 29, 2016, the Court conditionally certified the lawsuit as a collective action under the federal Fair Labor Standards Act. The conditional class includes all persons who have been or are employed at Appleton Medical Center or Theda Clark Medical Center on an hourly basis as direct patient care providers, administrative associates, unit resource associates and employees of the Staffing Resources department at any time between April 29, 2012 and the present.

Download a copy of the notice to class members and consent form here.

The lawsuit alleges that ThedaCare maintains unlawful policies of not compensating hourly employees for all work performed and not compensating hourly employees for overtime by maintaining policies that, among other things, automatically deducted meal periods from employees’ time records but required employees to work, to be “on-duty” or to be on “on-call” during those unpaid meal and break periods. Under Wisconsin law employees are required to be paid for breaks of less than 30 consecutive minutes during which the employee is completely relieved from duty and is free to leave the employer’s property. The lawsuit claims that ThedaCare is required to pay employees for such unpaid breaks.

In order to recover damages under the FLSA, you need to fill out a form indicating your consent to “opt-in” to the lawsuit. The FLSA prohibits ThedaCare from discriminating or retaliating against class members for taking part in this case.

Download a copy of the notice to class members and consent form here.

The Plaintiffs have entered into a contingency fee agreement with their lawyers, which means that if there is no recovery, there will be no attorney’s fees or costs chargeable to you from Plaintiffs’ lawyers.

For more information about this case, please contact attorney Nathan Eisenberg at 888-415-8085 or 414-203-0518.  He can also be contacted directly at

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