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Pride N’ Living Home Care

Reed v. Pride N’ Living Home Care, Inc., Court File No. 0:18-cv-02906 (District of Minnesota)

On October 11, 2018 we filed a case against Pride N’ Living Home Care, Inc. in the District of Minnesota alleging violations of federal and state overtime laws.

The named plaintiff, a former Personal Care Attendant (PCA) for the company, brought the case on behalf of herself and all other similarly situated home care workers.  The Complaint alleges that Pride N’ Living Home Care paid its home care workers straight time for their overtime hours worked rather than the legally-required one-and-one-half (1.5) times their hourly rate of pay.  The lawsuit, filed as a collective action under the federal Fair Labor Standards Act (FLSA), and as a class action under Minnesota law, seeks unpaid overtime compensation and double damages.

Type of Case

Unpaid Overtime Wages

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Case Updates

  • October 17, 2018

    Personal Care Attendant Represented by Nichols Kaster, PLLP Files Overtime Lawsuit Against Pride N’ Living Home Care, Inc.

    A former home care provider who worked for Pride N’ Living Home Care, Inc. filed a lawsuit on October 11, 2018, alleging violations of federal and state overtime laws. She brought the case on behalf of herself, and other similarly situated employees who worked for Pride N’ Living Home Care, Inc. providing home care services.

    The Complaint alleges that Pride N’ Living Home Care paid its home care workers straight time for their overtime hours worked rather than the legally-required 1.5 times their hourly rate of pay.  The lawsuit, filed as a collective action under the federal Fair Labor Standards Act, and as a class action under Minnesota state law, seeks unpaid overtime compensation and double damages.  The Complaint states that the plaintiff worked overtime hours caring for a quadriplegic client, but Pride N’ Living Home Care Inc. only paid her straight time, rather than the required overtime premium. 

    Plaintiffs' attorney Michele R. Fisher of Nichols Kaster, PLLP explained, “in-home care workers provide essential services to some of the most vulnerable members of our community, the elderly, infirm, and disabled.  The personal services home care workers provide, such as bathing, dressing, and grooming, allow individuals to remain living in the comfort of their homes.  We seek to get these workers paid the overtime pay they earned working long hours providing these important services.”   

    Plaintiffs are represented by Michele R. Fisher and Neil D. Pederson from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California.  The case is entitled, Reed v. Pride N’ Living Home Care, Inc. No. 0:18-cv-02906 (District of Minnesota).

    Additional information about how to make a claim for overtime pay in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492, ext. 224.

Am I eligible?

If you worked for Pride N’ Living Home Care within the past three years as a home care worker and were paid straight time for your overtime hours rather than 1.5 times your regular rate of pay, you may have a claim for additional overtime compensation.

Additional Information

How Do I Join This Case?

To join others in making a claim in this case for overtime compensation under federal law for hours worked over 40 in a workweek you must complete a consent form so we can file it. To complete the form click here.

There is also a possibility the Court will certify this case as a class action under MN state law.  If that happens, eligible home care workers will automatically be included in this case unless they opt out.  The MN state law claims, however, only cover overtime hours worked over 48 in a workweek. 

What Time Frame Does This Case Cover?

There is a time limit under the federal law called a statute of limitations that allows an employee to recover unpaid wages for hours worked within two years of joining by filing a consent form. If we can prove Pride N’ Living Home Care willfully violated the law, the statute of limitations may be extended to three years..

Do I Have To Pay Anything?

No, you will not have to pay us anything out of your own pocket.  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 an award, and that payment will only come out of that settlement or award. 

How Do I Prove the Hours I Worked?

If you have records related to your work with Pride N’ Living Home Care, please keep them until we ask you for them.  However, you do not need to have records of your work hours to make a claim. If Pride N’ Living Home Care did not keep accurate time records, most courts will permit you to make a good faith estimate of your work hours.  We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Pride N’ Living Home Care.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for Pride N’ Living Home Care and you believe you may be the victim of retaliation for joining this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

If you know of any home care workers who are interested in making a claim for unpaid overtime, they should contact the case clerk, Louis Hunter, at lhunter@nka.com or call (612) 256-3224. to sign up.  There is strength in numbers.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Louis Hunter, at lhunter@nka.com or call (612) 256-3224..

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.