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Employment

Evident Staffing, Inc.

Tools et al. v. Evident Staffing, Inc. (d/b/a Evident Healthcare Management and Evident Staffing, LLC.)
Case No. 0:21-cv-00983 (District of Minnesota)

On April 14, 2021, a Registered Nurse lodged a lawsuit against Evident Staffing, Inc. (d/b/a Evident Healthcare Management and Evident Staffing, LLC) (“Evident”). She asserts claims for unpaid overtime compensation on behalf of herself and other health care workers who were employed by the company within the past three years.

Evident is in the business of providing health care staffing services in nursing homes, assisted living facilities, hospitals, and private homes. The Complaint alleges that Evident 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 the health care workers.

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 Evident as a health care worker at any time within the past three years, in any state, 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 Evident 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

Is This a Class Action? What Does that Mean?

This case is both a potential collective action under federal law and a potential class action under Minnesota state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Although the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people 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 class and/or 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 the motions at the appropriate time asking the Court to grant these certifications.

Which Locations Are Included?

This case seeks to include all health care workers who work or worked for Evident, in any state within the past three years.  

How Do I Join This Case?

In order make a claim in this case for your unpaid overtime under the FLSA, the federal law, you must complete a consent form and submit it to our office. You can sign up electronically here.

If the case is certified as a class action, individuals who are eligible members of the class will be notified at that time.

What Time Frame Does This Case Cover?

There is a statute of limitations, which 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 Evident knowingly or willfully violated the law, then the statute of limitations may be extended to three years.

Do I Have to Pay Anything?

You do not have to pay anything if you join. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.

How Do I Prove I Worked Overtime?

If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay. If Evident did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.

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 currently work for Evident and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Julia McGuire, at (612) 256-3267 or jmcguire@nka.com 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 joining the lawsuit.

How Can I Help?

If you know any health care workers interested in making a claim for unpaid overtime, they should sign up electronically here. They may also contact the case clerk, Julia McGuire, at (612) 256-3267 or jmcguire@nka.com to sign up. There is strength in numbers.

How Do I Learn More?

To learn more, feel free to contact the case clerk, Julia McGuire, at (612) 256-3267 or jmcguire@nka.com. You may review the Case Updates section of this website as well.

Case Updates

  • July 15, 2021

    Evident Staffing Update

    We recently met with the Court and our judge set a timeline for the case.  If anyone is interested in joining, there is still time to do so by clicking on Join the Case above.

  • April 16, 2021

    Registered Nurse Files Unpaid Overtime Case Against Evident Staffing

    On April 14, 2021, a Registered Nurse lodged a lawsuit against Evident Staffing, Inc. (d/b/a Evident Healthcare Management and Evident Staffing, LLC) ("Evident"). She asserts claims for unpaid overtime compensation on behalf of herself and other health care workers who were employed by the company within the past three years.

    Evident is in the business of providing health care staffing services in nursing homes, assisted living facilities, hospitals, and private homes. The Complaint alleges that Evident 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 the health care workers.

    Michele R. Fisher, one of the attorneys representing the health care workers, stated, "these health care workers provide a very important service of caring for our community's elderly, ill, and disabled. They have continued to do this challenging work despite the risk in this pandemic and should be paid overtime pay for the long hours they dedicate to their job."

    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, Tools et al. v. Evident Staffing, Inc. (d/b/a Evident Healthcare Management and Evident Staffing, LLC.), Case No. 0:21-cv-00983 (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 ext. 267, or by emailing the clerk on the case at jmcguire@nka.com.

    Nichols Kaster, with more than thirty lawyers in offices in Minneapolis and San Francisco, represents employees and consumers in individual, class, and collective action lawsuits throughout the country. The firm has recently received a First Tier ranking on the 2021 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® "Best Law Firms."

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