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Mercy Health (Hourly-Paid Employees)

Last reviewed and updated on: May 15, 2026 at 10:04 pm

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Important Update for Former Peck v. Mercy Health Opt-In Plaintiffs

Peck v. Mercy Health, et al., Case No. 4:21-cv-00834-AGF, was filed in the U.S. District Court for the Eastern District of Missouri. The case alleged that Mercy Health, Mercy Health Foundation, and MHM Support Services used an automatic meal-break deduction policy that caused hourly-paid employees to lose pay when they worked through meal breaks.

On April 21, 2026, the Court granted Defendants’ motion to decertify the FLSA collective action. The Court ruled that the opt-in plaintiffs could not continue together as one collective action. The Court dismissed the opt-in plaintiffs’ claims without prejudice, meaning the dismissal does not prevent an opt-in plaintiff from filing an individual lawsuit. Danielle Peck’s individual claims remain pending.

The Court also tolled the FLSA statute of limitations for opt-in plaintiffs for 60 days from April 21, 2026. The Court had previously entered a separate order tolling the FLSA statute of limitations for 253 days. Time limits may still affect your ability to pursue a claim, so anyone interested in pursuing an individual claim should act promptly.

Brown, LLC is evaluating whether to enter into contingency-fee retainer agreements with certain former opt-in plaintiffs who are interested in filing individual lawsuits. Former opt-in plaintiffs may also seek other counsel or file without counsel. If an individual lawsuit is filed, the plaintiff would likely be named in the case caption and may need to sit for a deposition, search for and produce relevant documents, answer written questions, and potentially testify at a trial.

If you are a former opt-in plaintiff and want Brown, LLC to evaluate whether to offer you representation for an individual lawsuit, please complete the form below.

Completing this form does not create an attorney-client relationship. Brown, LLC will decide whether to offer representation only after reviewing your submission, available case records, and factors such as your work tenure and hours, how often and why you missed meal breaks, whether deductions were cancelled, and evidence of Mercy’s knowledge. Representation begins only if both you and Brown, LLC sign a written agreement.