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Employment

Auto Injury Solutions, Inc.

Quinn v. Auto Injury Solutions, Inc.
Court File No. 1:20-cv-01966 (Northern District of Illinois)

On March 25, 2020, our law firm filed a case against Auto Injury Solutions, Inc. (“AIS”) in the Northern District of Illinois on behalf of the named plaintiff and other National Nurse Reviewers, PHAD Nurses, and individuals in similar positions. The named plaintiff seeks overtime pay on behalf of herself and all other similarly situated nurses who worked for AIS.

The Complaint alleges that National Nurse Reviewers, PHAD Nurses, and similar positions, whose primary duties consisted of completing medical necessity reviews (reviewing medical authorization requests submitted by auto insurance providers against pre-determined guidelines and criteria for coverage and payment purposes), were paid a salary and did not receive any overtime compensation for overtime hours worked as a result of AIS’s unlawful practice of classifying them as exempt.

The case was filed as a collective action under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b).  The Plaintiff seeks unpaid overtime compensation and double damages. Potter Bolaños LLC in Chicago is serving as local counsel.  

Type of Case

Unpaid Overtime Wages

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Am I eligible?

If you worked over 40 hours per week for AIS as a National Nurse Reviewer, PHAD Nurse, or in a similar position, were paid a salary, and were primarily responsible for performing medical necessity reviews within the past three years, you may be eligible to make a claim for unpaid overtime compensation.

Additional Information

This is a Collective Action? What Does that Mean?

This is a potential collective action under federal law. The idea behind a collective action is that it allows one or more persons to sue on behalf of themselves and other similarly situated people who have similar claims. To proceed as a group, though, the Court must certify the collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file a motion at the appropriate time asking the Court to grant conditional certification.

How Do I Join This Case?

To join others in making a claim for overtime compensation under federal law in this case, you must complete a Plaintiff Consent form.  This form will be filed with the Court. To complete and submit the form electronically, click here. Because this is a proposed collective action, the court will later decide whether the case may proceed as a group (or “collective”) and whether you remain eligible to stay in the case.

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 AIS 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 I Worked Overtime?

If you have records relating to your work with AIS, 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 AIS 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 AIS.

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 AIS and you believe you may be the victim of retaliation for joining this lawsuit, contact contact the case clerk, Christina Houston at chouston@nka.com or call (612) 256-3238 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.  The Court has not yet determined that AIS violated the law.

How Can I Help?

If you know of any National Nurse Reviewers, PHAD Nurses, or similar titles working in similar positions who may be interested in making a claim for unpaid overtime, please inform them that they can contact the case clerk, Christina Houston at chouston@nka.com or call (612) 256-3238 to determine whether they may be eligible to make a claim.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Christina Houston at chouston@nka.com or call (612) 256-3238.

Case Updates

  • March 31, 2020

    National Nurse Reviewer Represented by Nichols Kaster, PLLP Files Overtime Lawsuit Against Auto Injury Solutions, Inc.

    On March 25, 2020, a former National Nurse Reviewer filed a lawsuit against Auto Injury Solutions, Inc. (“AIS”) alleging violations of federal overtime laws.  The named plaintiff brought the case individually, on behalf of all others similarly situated nationwide, as salaried employees.   

    The Complaint, filed as a collective action, alleges that AIS, which provides first and third-party casualty claims to auto insurance companies, intentionally misclassified its National Nurse Reviewers, PHAD Nurses, and others in similar positions, as exempt from overtime pay for the hours they worked over 40 per week, in violation of the Fair Labor Standards Act (FLSA).  The workers seek unpaid overtime compensation and double damages. 

    Reena Desai, a partner with Nichols Kaster, PLLP representing the named plaintiff explained, “Now more than ever, it is important to hold companies accountable for unpaid wages.  We believe that our client and others in a similar position who spend their time completing medical necessity reviews are misclassified as exempt and deserve to be properly paid.”

    Plaintiff is represented by Reena I. Desai from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and M. Nieves Bolaños at Potter Bolaños LLC in Chicago serving as local counsel.  The case is entitled, Quinn v. Auto Injury Solutions, Inc., No. 1:20-cv-01966 (Northern District of Illinois).

    Additional information about how to make a claim for overtime pay in the case may be found at www.nka.com, by calling Nichols Kaster, PLLP toll free at (877) 448-0492, ext. 238, or via email at chouston@nka.com.

    Photo by Bill Oxford on Unsplash

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