APPLETON – A Milwaukee-based law firm is looking for former and current ThedaCare employees at its Appleton and Neenah hospitals to join a federal collective-action lawsuit against the health care provider for what it alleges to be illegal labor practices.

The firm, Previant, sent a letter this month to 2,400 hourly employees from April 2012 to the present, inviting them to join the suit filed in U.S. District Court in Wisconsin’s Eastern District.

ThedaCare is the largest employer in the Fox Valley with nearly 7,000 employees at its hospitals and clinics.

The case, initially filed in April 2015, alleges that ThedaCare does not pay hourly employees during times they are “on-call” during meal breaks and therefore violates the Fair Labor Standards Act.

The case specifically involves those with direct patient care duties, like nursing staff, said Nathan Eisenberg, the lead attorney for the plaintiffs.

“Obviously, we think we’ll be successful but it’s always hard to predict,” he said.

In its response to the complaint filed in June 2015, attorneys for ThedaCare deny the allegations in full and argued the case didn’t merit “collective or class treatment.”

Megan Mulholland, a spokeswoman for ThedaCare, said it’s ThedaCare’s practice to not comment on pending litigation.

“However, we have filed an answer and additional pleadings denying the allegations set forth in the lawsuit,” she wrote in an email to USA TODAY NETWORK-Wisconsin. “ThedaCare is committed to treating its employees fairly and believe we have done so and in compliance with the law. Accordingly, we intend to continue vigorously defending this lawsuit.”

Eisenberg worked on a similar case that was resolved last year involving hourly employees at St. Elizabeth Hospital in Appleton not receiving wages for meal breaks while being on call.

Eisenberg’s team won $1.1 million for the plaintiffs.

The lead plaintiff on the ThedaCare case is Juelaine Miller, a Seymour resident who was employed as a ThedaCare paramedic.

Miller and the plaintiffs argued for all unpaid wages to be paid back, in addition to attorney fees and costs.

As the case applies to the Fair Labor Standards Act, those who are eligible to receive money from the case must join the case as plaintiffs, otherwise they would not be able to receive any money if Eisenberg and his team are successful, he said.

Employees who are eligible have until Oct. 27 to contact attorneys at Previant to opt in as plaintiffs. Potential plaintiffs are being directed to www.previant.com/cases/thedacare.

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