Sutter Health Wage and Hour Cases CA1/5

I. FACTS AND PROCEDURAL HISTORY

A. Plaintiffs’ Complaints In December 2008, three superior court actions were consolidated in Alameda County Superior Court as the Sutter Health Wage and Hour Cases, Judicial Council Coordinated Proceeding No. 4547: Aymer v. Sutter Health et al., Sacramento County Superior Court case No. 34-2008-00003432-CU-OE-GDS (Aymer); Bissett v. Sutter Health, Inc. et al., Alameda County Superior Court case No. RG08375261 (Bissett); and Waltman v. Sutter Health, Sacramento County Superior Court case No. 34-2008- 00010291-CU-OE-GDS (Waltman). The plaintiffs in Aymer are the appellants in this appeal, and we refer to them as such. We refer to the plaintiffs in Aymer, Bissett and Waltman collectively as “Plaintiffs.” In May 2009, the court approved a stipulation permitting Plaintiffs to amend their complaints to name Sutter Health and 18 affiliate hospitals (collectively, Affiliates) as defendants. The operative pleadings in all three of the coordinated actions included causes of action for (1) failure to pay hourly and overtime wages, (2) failure to provide meal periods or compensation in lieu of meal periods, (3) failure to provide rest periods or compensation…