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Employment

CustomCARE, LLC

Turnmire et al. v. CustomCARE, LLC
Case No. 0:21-cv-02738 (District of Minnesota)

On December 23, 2021, Personal Care Attendants (“PCAs”) filed a lawsuit against CustomCARE, LLC. They seek to recover unpaid overtime compensation on behalf of themselves and other health care workers who were employed by the company within the past three years.

CustomCARE, LLC is in the business of providing health care staffing services to individuals with illnesses and disabilities. The Complaint alleges that CustomCARE, LLC only paid its health care workers at their regular hourly rate when they worked overtime hours and did not pay them the required time-and-a-half overtime premium pay. It seeks to maintain the case as a collective action under the federal Fair Labor Standards Act and a class action under the Minnesota Fair Labor Standards Act. The Complaint requests overtime backpay and double damages for workers.

Join the case by clicking the button below.

Type of Case

Unpaid Overtime

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Am I eligible?

Because this lawsuit arises under both federal and state law, you may have a qualifying federal law claim, state law claim, or both federal and state law claims.

Do I Have a Qualifying Federal Law Claim?

You may be eligible to make a claim under federal law in this case if you worked for CustomCARE as an hourly-paid health care worker at any time within the past three years, in Minnesota, and were not paid time-and-a-half for the hours you worked over 40 per week.

Do I Have a Qualifying State Law Claim?

You may have a claim under Minnesota state law if you worked for CustomCARE in Minnesota as a health care worker at any time within the past three years and were not paid time-and-a-half for the hours you worked over 48 per week.

Additional Information

How Do I Join This Case?

To make a claim in this action under federal law, you must complete a Consent Form and return it to us immediately for filing with the Court.

Which Locations Are Included?

This case seeks to include all health care workers who work or worked for CustomCARE, LLC anywhere within the past three years.

What Time Frame Does This Case Cover?

There is a statute of limitations that allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitations is two years back from when the worker signs up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that CustomCARE knowingly or willfully violated the law, then the statute of limitations may be extended to three years. Minnesota state law is similar.

Do I Have to Pay Anything?

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, and that payment will only come out of that settlement or final judgment.

How Do I Prove the Overtime Hours I Worked?

We will seek records from CustomCARE, LLC of your hours worked and compensation paid. Companies have a legal obligation to keep that information.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case. They typically last one to two years.

What About Retaliation?

The law protects you from retaliation for asserting your rights, and if you suffer retaliation, you may be able to assert additional claims.

How Can I Help?

If you know any health care workers interested in making a claim for unpaid overtime, they should contact the case clerk, Thomas Leicester, at (612) 256-3259 or by email at tleicester@nka.com. You can also direct them to this website to sign up electronically. There is strength in numbers.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Thomas Leicester, at (612) 256-3259 or by email at tleicester@nka.com

Case Updates

  • December 23, 2021

    Personal Care Attendants File Unpaid Overtime Case Against CustomCARE, LLC

    On December 23, 2021, Personal Care Attendants (“PCAs”) lodged a lawsuit against CustomCARE, LLC. They seek to recover unpaid overtime compensation on behalf of themselves and other health care workers who were employed by the company within the past three years.

    CustomCARE, LLC is in the business of providing health care staffing services to individuals with illnesses and disabilities. The Complaint alleges that CustomCARE, LLC only paid its health care workers at their regular hourly rate when they worked overtime hours and did not pay them the required time-and-a-half overtime premium pay. It seeks to maintain the case as a collective action under the federal Fair Labor Standards Act and a class action under the Minnesota Fair Labor Standards Act.  The Complaint requests overtime backpay and double damages for workers.

    Michele R. Fisher, one of the attorneys representing the health care workers, stated, “these health care workers provide an essential service of caring for our community’s elderly, ill, and disabled. They dedicate long hours to ensuring these individuals get the care they need, and should be paid overtime at time-and-a-half, not straight time, when they work overtime hours.”

    Plaintiffs are represented by Michele R. Fisher and Kayla M. Kienzle of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California.  The case is entitled, Turnmire et al. v. CustomCARE, LLC, Case No. 0:21-cv-02738 (District of Minnesota).

    Additional information about the case and how health care workers can make a claim for unpaid overtime wages can be found at www.nka.com, by calling Nichols Kaster, PLLP toll free at (877) 448-0492 or by emailing the clerk on the case Thomas Leicester at tleicester@nka.com.

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