Update in Unpaid Overtime Lawsuit Against American Oncology Partners

The experienced wage and hour attorneys at Coffman Employment Lawyers have negotiated a major update in the ongoing unpaid overtime lawsuit against American Oncology Partners (AOP). The Court overseeing the litigation has recently ordered that a Court-approved notice of the lawsuit should be sent out to all of the eligible healthcare employees informing them of the lawsuit and giving them the right to join.

What Does This Mean?

The Court-approved notice of the lawsuit is being sent to all eligible hourly, non-exempt healthcare employees of AOP who has short rest breaks of 20 minutes or fewer deducted from their hours worked and/or who received bonuses such as performance, preceptor, retention, or sign-on bonuses that were not properly included in their regular rate of pay from October 23, 2022 through the present in weeks were they worked 40 or more hours. These employees are eligible to join this lawsuit. Only those individuals who join the lawsuit by returning the Consent Form will be eligible to receive a portion of any settlement or judgment that is reached in the case.

This notice will be sent to all eligible AOP healthcare employees by email and U.S. mail, and the consent form attached to the notice must be returned by the deadline included in the notice and consent form to join the case.

AOP Has Agreed to Discuss a Settlement

AOP has informed the Court that it will be engaging in settlement negotiations in a mediation for everyone who chooses to join the case by returning the consent form attached to the notice. “Mediation” is a meeting where the two sides attempt to reach a settlement that may result in payments to everyone who chooses to join the case. In order to be included in these settlement discussions, you must return the consent form that was attached with the notice by the deadline.

What Could I Receive in a Settlement If I Join the Lawsuit?

If you are eligible to participate in the lawsuit and choose to join, you will be entitled to share in any settlement or judgment that is obtained. The law provides that you could receive the following: (1) unpaid overtime for up to the last three years of work; (2) liquidated damages in an amount equal to the unpaid overtime (i.e., the potential for double [2x or 200%] damages); and (3) attorneys’ fees and costs paid by AOP. AOP has already agreed to go to a settlement negotiation after the deadline to join the lawsuit has passed for everyone that chose to join the case.

Can I Be Retaliated Against by AOP for Joining?

No. It is illegal for AOP to retaliate against you for joining this Case, or to discourage you from joining it. Any retaliation from AOP against you may result in you having additional claims against the company for further compensation. If you feel as though you have been retaliated against or discouraged from joining this Case, please reach out to our office to discuss your legal rights.

What If I Did Not Receive a Notice and Consent Form?

If you did not receive a copy of the Court-Approved Notice and Consent Form, that does not mean that you cannot participate in the lawsuit. AOP may not have provided us with your current mailing address, or the notice may get lost in the mail or blocked by your email. We would encourage you to check your email spam or junk folder, as some email services send these documents to those folders even though they are Court-Approved documents. As with the mail, you may not receive the email notice because AOP may not have provided your current email address, or AOP may not have provided an email address for you at all.

If you believe that you are eligible to join this lawsuit against AOP but did not receive the Court-Approved Notice or Consent Forms, you should contact our experienced unpaid overtime attorneys at 614-618-4652 or by sending an email to contact@mcoffmanlegal.com to discuss next steps.