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Employment

Pathway Health Services, Inc.

Abel v. Pathway Health Services, Inc.
Case No. 0:20-cv-01307 (District of Minnesota)

A Consultant (also known as “Nurse Consultant”) who worked for Pathway Health Services, Inc., (“Pathway”) in Minnesota filed a lawsuit on June 4, 2020, alleging violations of federal and state overtime laws. The case brought on behalf of all similarly situated consultants who were not paid for time they spent on work activities such as: (1) preparing for projects and meeting with clients; (2) participating in planning calls; (3) completing weekly project sheets and time entry; (4) participating in trainings; (5) attending meetings and conferences; (6) scheduling and organizing travel; and (7) participating in quarterly check-ins and/or on phone calls with Pathway Directors.

The workers allege that they were not paid for all of their hours worked, including straight time and overtime hours. Specifically, the Complaint alleges that nurse consultants were paid only for the hours they are allowed to complete a project, or the hours scheduled per week according to a project sheet, rather than all of the hours they worked. The lawsuit was filed as a collective action under the federal Fair Labor Standards Act (“FLSA”) and as a class action under Minnesota state laws. The workers seek unpaid straight time and overtime wages as well as double damages, attorneys’ fees and costs, provided as available under state and federal laws.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

You are eligible to make a claim in this case if you worked for Pathway Health Services as a nurse consultant at any time within the past three years and were not paid for all the hours you worked, including overtime hours worked over 40 per week.

Additional Information

Is This a Class Action? What Does that Mean?

Yes, in part. The case is both a potential class action for unpaid straight time wages under Minnesota law and a putative collective action for unpaid overtime wages under federal 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.

Though 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 people who have similar claims. In order to proceed as a group, though, the Court must certify the class and 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 times asking the Court to grant these certifications.

Which Locations Are Included?

This case seeks to include all nurse consultants, regardless of location, who work or have worked for Pathway and were not paid for all of the time they spent on the types of work-related activities identified above within the past three years as a result of the company’s alleged policy to only pay consultants for the hours they are allowed to complete a project or the hours they are scheduled per week according to a project sheet, rather than all of the hours they worked.  

How Do I Join This Case?

Federal law under the FLSA requires employers to pay overtime after 40 hours in a workweek. In order make a claim in this case for your unpaid overtime under the federal FLSA, you must complete a consent form and return it to our office. You can fill out the form electronically clicking here.

Minnesota state law requires provides a substantive right to employees for the payment of wages and requires employers to pay all wages earned by an employee at least once every 31 days on a regular payday designated in advance by the employer regardless of whether the employee requests payment at longer intervals.

If the Court certifies this case as a class action under state law, all nurse consultants who were not paid for all of their hours worked because they were only paid for the hours they were allowed or scheduled to complete a project according to their project sheet will be automatically included in the certified class, unless they choose to opt-out. 

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid overtime wages within two years of the worker signing up to join the lawsuit by completing and returning/submitting the consent form referenced above. If we can prove that Pathway willfully violated the law, the statute of limitations may be extended to three years.  State law is similar.

Do I Have To Pay Anything?

You do not have to pay anything if you make a claim in this case. We are handling the case on a contingency 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 the Hours I Worked?

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 pay. If a company did not keep accurate time records, most courts will permit you to estimate 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 or participating in a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Abby Sokolowski, at asokolowski@nka.com or (612) 256-3260 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 nurse consultants interested in making a claim for unpaid overtime, they should contact the case clerk, Abby Sokolowski, at asokolowski@nka.com or (612) 256-3260. You can also direct them here 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, Abby Sokolowski, at asokolowski@nka.com or (612) 256-3260.

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