A federal judge in Illinois is weighing whether to certify a class of former senior-level healthcare workers who allege that no-poach agreements among DaVita, Surgical Care Affiliates and United Surgical Partners International suppressed their wages, Hall Benefits Law reported Aug. 13.
The agreements at issue prevented SCA and DaVita, as well as SCA and USPI, from recruiting each other’s senior employees and required workers to notify supervisors before applying to the other companies. Plaintiffs also allege the companies shared confidential wage data, including future raises, further suppressing compensation.
U.S. District Judge Sunil Harjani questioned whether class certification was appropriate given the diversity of the proposed class members and the existence of two separate no-poach agreements linked only by SCA. The plaintiffs argued that pay data for every proposed class member shows a decrease in wages after the alleged conspiracy began, while defense attorneys argued the lack of a market definition and the absence of any communication between USPI and DaVita should defeat certification. The judge took the matter under advisement.
SCA Health told Becker’s it does not comment on open litigation.
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