Human Touch Home
Health Care Agency

No Company is Too Big to Play Fair.

On June 29, 2016, we filed a Complaint against Human Touch Home Health Care Agency, Inc. (“Human Touch”), in the United States District Court for the District of Colorado alleging violations of federal and state law overtime laws. The named plaintiff, a home health care worker, brings her claims individually and on behalf of similarly situated employees who worked for Human Touch within the past three years.

The Complaint alleges that Human Touch failed to pay its home health care workers, which includes licensed and registered nurses, CNAs, HHAs, medical social workers, and others, the legally required overtime premium, which is one and one-half (1.5) times their regular hourly rates, for all overtime hours worked. Instead, the Complaint alleges that Human Touch shorted the home health care workers lawful pay by paying them only their hourly “straight time” rate for their overtime hours worked.

The case was filed as a Fair Labor Standards Act collective action and as a class action under Colorado state law on behalf of home health care workers. The named plaintiff seeks unpaid overtime wages and liquidated damages.

This case is entitled Stephenson-Neal v. Human Touch Home Health Care Agency, Inc., Court File No. 1:16-cv-01668 (District of Colorado)

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Frequently Asked Questions

Q:Do I Have a Claim?

A:
This case was brought on behalf of persons who worked for Human Touch as home health care workers and who were paid “straight time” for the overtime hours (over 40 in a work week) they worked. If you worked for Human Touch as a home health care worker and were paid “straight time” for the overtime hours you worked at any time within the last three years, you may have a claim.
Q:What Time Frame Does This Case Cover?

A:
Under federal law, there is a statute of limitations that allows you to recover pay for hours worked within two years of joining the lawsuit. If we can prove Human Touch willfully violated the law, the statute of limitations may be extended to three years.
Q:Do I Have To Pay Anything?

A:
You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment or award, and our payment will only come out of that settlement, final judgment, or award.
Q:How Do I Prove I Worked Overtime?

A:
We will request records of all of the hours you worked from the company. Where the company does not keep accurate time records, most courts permit the worker to make a good-faith estimate of overtime hours. You do not need to have proof of the hours you worked, and the court will generally accept a good-faith estimate of your hours.
Q:How Long Will This Case Take?

A:
The length of this kind of lawsuit varies from case to case, but they typically last one to two years.
Q:What About Retaliation?

A:
The law protects employees from retaliation for asserting their rights, and if you suffer retaliation, you may be able to assert additional claims. If you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.
Q:How Can I Help?

A:
Right now, we are hoping to talk to as many Human Touch employees as possible to learn more about the case. If you have information regarding home health care employees at Human Touch, please contact the case clerk, Madeline Orozco, at (612) 256-3297 or morozco@nka.com.
Q:How Do I Learn More?

A:
To learn more about this case, feel free to contact the case clerk, Madeline Orozco, at (612) 256-3297 or morozco@nka.com.

Case Updates

September18, 2017

Human Touch Home Health Care Agency – Overtime Lawsuit - Update September 18, 2017

Good news! We have reached a settlement with Human Touch and its related entities. The Court has preliminarily approved the settlement. Notice of settlement has been sent to all individuals who worked as home healthcare workers for Human Touch in Colorado at any time between June 29, 2013, and July 9, 2016 and had a pro rata allocation of at least $50.00. Those who received an FLSA Notice have until September 30, 2017 at 5:00 PM Central Time to return their release of claims forms and participate in the FLSA portion of the settlement. Those who received a Rule 23 Class Notice are not required to submit any forms unless they choose to opt out of the settlement. If you have questions or need to update your contact information please contact the case clerk, Danielle Kahler, at dkahler@nka.com or by phone at 612-256-3214.

July 1, 2016

Home Health Care Worker Represented by Nichols Kaster, PLLP Files Overtime Lawsuit Against Human Touch Home Health Care Agency, Inc.

A former employee of Human Touch Home Health Care Agency, Inc. ("Human Touch") filed a lawsuit on June 29, 2016, in the United States District Court for the District of Colorado alleging violations of federal and state overtime laws. The named plaintiff, a home health care worker, brings her claims individually and on behalf of similarly situated employees who worked for Human Touch within the past three years.

Human Touch is a Colorado company that provides home health care services such as nursing, rehabilitative, therapeutic, and assistive care services, to adults and seniors. Human Touch has offices in Colorado Springs, Denver, Pueblo, Grand Junction, and Montrose, Colorado.

The Complaint alleges that Human Touch failed to pay its home health care workers, which includes licensed and registered nurses, CNAs, HHAs, medical social workers, and others, the legally required overtime premium, which is one and one-half (1.5) times their regular hourly rates, for all overtime hours worked. Instead, the Complaint alleges that Human Touch shorted the home health care workers lawful pay by paying them only their hourly "straight time" rate for their overtime hours worked.

Plaintiff's attorney Rachhana T. Srey explained, "Home health care workers, like those in this case routinely work ridiculously long hours, but they have been neglected by the overtime protections for years. This has to change. These are hard-working people who deserve to be paid properly under the law."

Plaintiffs are represented by Rachhana T. Srey from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case is entitled, Stephenson-Neal v. Human Touch Home Health Care Agency, Inc. Case No.: 1:16-CV-01668 (District of Colorado).

Additional information about how to make a claim in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 344-4628.

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