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NURSES SUE COMMONSPIRIT HOSPITAL CHAIN OVER UNPAID WAGES AFTER 2022 CYBERATTACK


OREGON NURSES SAY THEY WEREN’T PAID CORRECTLY FOR SEVERAL PAY PERIODS

MERCY MEDICAL CENTER, IN ROSEBURG, ORE., IS ONE OF TWO COMMONSPIRIT HOSPITALS
WHERE NURSES ALLEGE THEY WERE UNDERPAID AFTER THE CYBERATTACK.

Photo: gary breedlove/European Pressphoto Agency
By
Catherine Stupp
April 12, 2023 1:38 pm ET | WSJ Pro

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A group of nurses in Oregon is suing one of the largest hospital operators in
the U.S., alleging they were underpaid after a ransomware attack in October last
year. 

Chicago-based CommonSpirit Health didn’t pay nurses their full wages at its
Mercy Medical Center in Roseburg, Ore., and St. Anthony Hospital in Pendleton,
Ore., after October, according to a suit filed March 15 in Oregon county court.
Some employees still haven’t been paid for the accurate number of hours they
worked and paid time off is being calculated incorrectly, the filing said.

Larae Ernst, an emergency room nurse at Mercy Medical, said CommonSpirit claims
it overpaid her because a cyberattack in October led to an outage in its
timekeeping system. CommonSpirit paid Ms. Ernst lower-than-usual wages in
December, apparently to recoup the higher payments, she said. The shortfall
forced her to cancel her daughter’s sweet 16 party, losing deposits from two
vendors, Ms. Ernst said. The forfeitures were probably “enough that I could have
bought groceries for a week,” she said.

CommonSpirit, in the aftermath of the October cyberattack, shut down some
technology systems at many of its hospitals across the country, including
patient and operational systems. 

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The nonprofit chain runs more than 140 hospitals and 2,000 healthcare facilities
in 21 states. 



Payments to around 2,000 nurses and other staff members at the two Oregon
hospitals were affected by the cyberattack, said Richard Myers, an attorney from
law firm Bennett Hartman Attorneys at Law LLP who represents the nurses. If the
court certifies the suit as a class action, those employees will receive notice
and a chance to opt out of the lawsuit.

The suit seeks $1.5 million, including $200,000 in unpaid wages, $500,000 in
late payment penalties and $800,000 in damages. 

A spokesman for CommonSpirit declined to comment on the lawsuit. “We want to
reiterate our commitment to ensuring all employees are paid accurately. We are
grateful to our employees for their commitment and for their efforts in
continuing to provide high quality patient care throughout this situation,” he
said.

The nurses’ lawsuit adds to the fallout from the cyberattack. CommonSpirit said
last week that personal information for more than 623,000 individuals was
exposed during the incident, including Social Security numbers and diagnoses.
Patients have filed several lawsuits over the data breach. The cyberattack has
so far cost CommonSpirit $150 million in lost revenue, business interruption and
other expenses, the company said in a regulatory filing in February.

Payroll problems have followed cyberattacks at other companies. A cyberattack on
UKG Inc.’s Kronos timekeeping system in late 2021 affected payment services at
many of its customers. Ascension Health Alliance in St. Louis, Mo., and one of
its hospitals last year agreed to pay $19.7 million to settle disputes over
employee wages following the Kronos incident. At Honda Motor Co. ’s U.S.
subsidiary, also a Kronos client, four employees sued the auto maker last year
for allegedly failing to properly track their hours and pay them appropriately.
Honda has denied the allegations. The case is continuing.

After a cyberattack, companies need to reassure employees about what happened,
even if they don’t know all the details, said Ian Carleton Schaefer, a partner
at law firm Loeb & Loeb LLP and chair of its New York labor and employment
practice. Doing so is vital when compensation is affected, he said. Mr. Schaefer
said he isn’t involved in the nurses’ case.

“Cybersecurity and data security is an employment issue,” he said. “When it
really comes down to hitting people in their wallets and their livelihoods,
understanding what is going to be done, and when, is really important.”

For CommonSpirit’s nurses, the focus of the lawsuit isn’t the technology outage
itself, but the chain’s actions afterward that resulted in staff receiving
reduced wages, Mr. Myers of Bennett Hartman said. 

Ms. Ernst said CommonSpirit told her she owes around $3,200 in overpaid wages
and the company hasn’t provided any record of her hours to substantiate its
claim. Ms. Ernst’s paystubs started to show the correct number of working hours
again in December, several weeks after the ransomware incident, she said.

CommonSpirit met several times with the Oregon Nurses Association but has
rejected the union’s request to allow an independent audit of staff payments
since the cyberattack, said Kevin Mealy, the union’s communications manager. The
union has asked CommonSpirit to correct inaccurate payments to nurses in several
cases, but the updated payments have often been wrong, Mr. Mealy said. “It
becomes harder and harder to untangle it the further we go,” he said.

Write to Catherine Stupp at catherine.stupp@wsj.com

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved.
87990cbe856818d5eddac44c7b1cdeb8

Appeared in the April 13, 2023, print edition as 'Attack Sparks Hospital Wages
Lawsuit.'




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ONE NURSE SAID HER PAY SHORTFALL FORCED HER TO CANCEL HER DAUGHTER'S SWEET 16
PARTY.

Oregon nurses say they weren’t paid correctly for several pay periods

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