AHS facing $125M lawsuit from healthcare workers claiming to be overworked and under-compensated

Alberta Health Services (AHS) is reportedly facing a $125 million class action lawsuit from its own staff based on unpaid overtime.

The lawsuit, which is being brought on behalf of Clinical Assistants (CAs) and Clinical and Surgical Assistants (CSAs), claims since 2013, healthcare workers have been overworked and under-compensated.

It also claims AHS has consistently violated the Employment Standards Code.

“As employees of Alberta Health Services, these medical professionals are protected by the benefits and protections provided in Alberta’s Employment Standards Code, including the right to overtime pay, rest periods, and work shifts not exceeding 12 hours in length unless an unforeseeable or unpreventable circumstance occurs,” said a spokesperson for Kahane Law, the law firm representing the members of the lawsuit.

“Due to the continued mismanagement of Alberta’s healthcare system by AHS, these professionals routinely work shifts beyond 12 hours, in some instances up to 24 hours in length.”

Claims also indicate between 2013 and 2022, AHS repeatedly informed CAs and CSAs that they were exempt from receiving overtime pay.

In 2012, CAs and CSAs who were previously working as independent contractors were transitioned into becoming employees, according to Ariel Breitman, lead counsel for the plaintiffs.

This decision was later reversed by AHS in December of 2022, and CAs and CSAs were informed they would start getting overtime pay, and a retroactive lump sum for overtime worked dating back to April 2022, with a cap.

It is also believed that AHS failed to provide CAs and CSAs legislatively required rest breaks during their shifts.

“As a result of that information, the class of CAS and CSAs then further investigated the position that had previously been represented to them according to the plaintiff class that they were exempt and given the retroactive payment,” said Breitman.

“They investigated further and concluded that the retroactive payments should go back to 2013 when many of them started to work.”

CityNews reached out to AHS for a comment, and received a response saying that no comments would be made as the matter is before court.

However, AHS did say, “Clinical Assistants and Clinical Surgical Assistants are a valued and essential part of the AHS medical workforce. We appreciate the commitment they show to patients every day.”

Meanwhile, Breitman says, “As the largest employer in Alberta, Alberta Health Services must know they continue to be in contravention of the law by denying these hard-working medical professionals fair pay and a safe working environment.

“AHS needs to acknowledge these historical and ongoing transgressions against the men and women who care for us when we are in need and come to the table to work towards a fair resolution that ensures proper compensation for these workers.”

Breitman says the class action lawsuit has not been certified at this time, and is in the process of taking steps to complete the pre-hearing for the certification application.

It is estimated that 250 current and an additional 250 former CAs and CSAs are involved in the lawsuit.

Of the $125 million being asked for in the lawsuit, $20 million is for unpaid overtime. The rest is “for aggravated circumstances that are identified in the pleadings and don’t have to be addressed now.”

The allegations have not been tested in court.

-With files from Carly Robinson