Epic Systems Won’t Reveal Terms of Lawsuit Settlement, Citing Similar Case Before the Supreme Court

Epic Systems and a group of plaintiffs in one of three pending overtime pay lawsuits against the health care software maker cannot reveal the terms of a recently reached settlement in part because of a similar lawsuit involving Epic that will be heard by the U.S. Supreme Court, according to a court filing Tuesday.

U.S. District Judge William Conley wrote to the parties earlier this month asking for information about the settlement. On Tuesday, Epic attorney Noah Finkel wrote, with the concurrence of the plaintiffs, that confidentiality of the settlement “is a material term of that settlement, particularly because the parties are continuing to litigate what the court has referred to as the ‘companion case.’ ”

Accordingly, Finkel wrote, “the parties cannot reveal the financial terms of that settlement in this pleading.”

On Jan. 9, the two sides filed a stipulation seeking dismissal of the lawsuit, which was brought by a group of former Epic technical writers who said they should have received overtime pay but were misclassified as exempt. The next day, Conley asked for more information about the settlement in the case, which had been certified as a class action.

Terms were not disclosed in Tuesday’s filing.

Epic wrote to assure Conley that the settlement was negotiated through four demands or counter-demands and four counter-offers, and was individually signed by each plaintiff and each person who opted into the case as a plaintiff.

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The “companion case” involves a dispute about overtime pay for technical writers who were working at Epic as of April 2014, when the company made them sign an agreement to arbitrate wage disputes individually rather than as a group.

In May, a federal appeals court ruling in that case found that the wage arbitration rule violated federal law. The U.S. Supreme Court granted Epic’s appeal on Jan. 13, and will hear the case along with two others that pose similar questions.

Last month, another class- action lawsuit was filed against Epic on behalf of a group of quality assurance workers who say they were misclassified by Epic as exempt from state and federal overtime rules.

In 2014, a different group of Epic quality assurance workers settled a class-action lawsuit about overtime wages for $5.4 million.

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