Elizabeth GAFUR and Linda Wing, on their own behalf and on behalf of all similarly situated, Respondents on Review,
v.
LEGACY GOOD SAMARITAN HOSPITAL AND MEDICAL CENTER; Legacy Health System; Legacy Meridian Park Hospital; Legacy Emanuel Hospital & Health Center and Does 1 Through 10, Petitioners on Review, and
Legacy Mount Hood Health Center, Defendant.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted March 3, 2008.
Decided May 15, 2008.
Attorney(s) appearing for the Case
Timothy R. Volpert, of Davis Wright Tremaine LLP, Portland, argued the cause and filed the brief for petitioners on review. With him on the brief were Carol J. Bernick and Kevin H. Kono, Portland.
Jacqueline L. Koch, of Bailey, Pinney & Associates LLC, Vancouver, Washington, argued the cause and filed the brief for respondents on review. With her on the brief was J. Dana Pinney, Vancouver, Washington.
Brian R. Talcott, of Dunn Carney Allen Higgins & Tongue LLP, Portland, filed a brief for amicus curiae Oregon Restaurant Association.
David H. Wilson, Francis T. Barnwell, and Kathryn M. Hindman, of Bullard Smith Jernstedt Wilson, Portland, filed a brief for amici curiae Oregon Association of Hospitals and Health Systems, Portland Business Alliance, Oregon Business Association, Oregon Association Chiefs of Police, Oregon State Sheriffs Association, Special Districts Association of Oregon, Association of Oregon Counties, and League of Oregon Cities.
David F. Rees and Joshua L. Ross, of Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.
Stacie F. Beckerman, Assistant Attorney General, Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem, filed a brief for amicus curiae Bureau of Labor and Industries.
Supreme Court of Oregon, En Banc.
GILLETTE, J.
This is a class action wage and hour case in which plaintiffs, employees of hospitals owned by Legacy Health Systems, seek, among other things, compensation for required meal and rest breaks that they contend defendants did not provide them during work periods. Defendants1 filed an ORCP 21 motion to dismiss various of plaintiffs' claims for relief on the ground that, although employees have a private right of action for unpaid...
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