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Case of the Month September 2025

Parties Reach $102.4K Settlement in Class Action, FLSA Suit Against Hospital Operator

Colvin v. Southwest Health Center Inc.

Case Type:
Labor & Employment - Wage Disputes
Class Action

Specific Liability:
Healthcare corporation failed to pay paramedics and other employees overtime compensation in violation of the Fair Labor Standards Act (FLSA) and state wage and hour laws

General Injury:
Monetary damages

Jurisdiction:
State: Wisconsin
United States District Court, W.D. Wisconsin.

Related Court Documents:
Plaintiffs' collective and class action complaint: 2023 WL 11999704
Plaintiffs' brief in support of unopposed motion for final approval of collective and class action settlement: 2024 WL 5714125
Settlement agreement and release of claims: 2024 WL 5713820
Judgment: 2025 WL 1677522

Case Name:
Colvin et al. v. Southwest Health Center Inc.

Docket/File Number:
3:23CV00303

Result Amount:
$102,399

Result Date:
January 14, 2025

Judge:
William M. Conley

Attorneys:
Plaintiffs: David C. Zoeller, Hawks Quindel SC, Madison, WI; Natalie L. Gerloff, Hawks Quindel SC, Madison, WI; Connor J. Clegg, Hawks Quindel SC, Madison, WI
Defendant: Sean M. Scullen, Quarles & Brady LLP, Milwaukee, WI; Brenna Vargas, Quarles & Brady LLP, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$102,399 to plaintiffs for damages

Summary of Facts:
Plaintiff Zachary Colvin, a resident of Cuba City, Wis., was reportedly employed as a paramedic with defendant Southwest Health Center Inc., a corporation with its principal office located in Platteville, Wis. Colvin contended that the defendant operated hospitals and/or a healthcare system, and asserted that he and other paramedics were paid hourly wages. According to Colvin, the defendant regularly scheduled him and other paramedics to work two, 24-hour shifts in a workweek and paid him and the other employees bonuses if they worked additional 24-hour shifts during a workweek. However, Colvin said that he and other employees regularly worked in excess of 40 hours per workweek without payment of overtime compensation.

In a collective and class action complaint, Colvin, individually and on behalf of similarly situated employees of the defendant, asserted multiple claims, which included claims for violations of the Fair Labor Standards Act of 1938 and Wisconsin wage payment and overtime compensation laws by the defendant failing to pay him and other employees one and one-half times their regular rates of pay for all hours worked in excess of 40 during a workweek.

The plaintiffs sought an order for class certification and an order declaring that the defendant violated the FLSA and Wisconsin state wage and hour laws; moreover, the plaintiffs sought unpaid back wages at applicable overtime rates and liquidated damages, together with costs and attorney fees.

The defendant denied liability and disputed the plaintiffs' claimed damages; however, the parties were able to reach a settlement agreement, in which the defendant agreed to pay a settlement amount of $102,398.79 to establish a settlement fund for the FLSA and state law claims asserted by class members.

The plaintiffs subsequently filed an unopposed motion for final approval of settlement agreement and in a judgment filed Jan. 14, 2025, the court approved the parties' settlement agreement.

United States District Court, W.D. Wisconsin.

Westlaw Citation:
2025 WL 1865511