North Memorial Health Care

A:

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(s) you have, there may be a slightly different process for joining and participating in this suit.

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. 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 time asking the Court to grant these certifications.

A:

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

Federal Law:

You may be eligible to make a claim in this case for unpaid overtime compensation for hours worked over 40 in a workweek if you worked on-call (or “off-premise”) hours as an EMT or paramedic for North Memorial in either Minnesota or Wisconsin at any time within the last three years through the time the company began including on-call hours worked in calculating and paying overtime compensation (approximately April 2022).

State Law:

You may have a claim in this case for unpaid minimum wage and unpaid overtime compensation under Minnesota law if you worked on-call (or “off-premise”) hours as an EMT or paramedic for North Memorial in Minnesota from June 14, 2020 (three years before the Complaint was filed) until the company began paying minimum wage under Minnesota law for on-call hours worked and factoring on-call hours into the weekly total of hours worked for purposes of determining overtime pay (approximately April 2022). Whether additional Minnesota EMT/paramedics are added to this case to pursue claims under Minnesota state law will depend on the Court’s ruling on a motion for class certification, which has not been filed yet.

A:

Under federal law, this case seeks to include all North Memorial EMTs/paramedics working in Minnesota and Wisconsin.

Under Minnesota state law, this case seeks to include North Memorial EMTs/paramedics working in Minnesota only.

A:

Each type of federal and state law claim has what is called a statute of limitations, which allows workers to recover unpaid 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, and us filing, the consent form referenced above. If we can prove that North Memorial intentionally or recklessly violated the law, then the statute of limitations may be extended back to three years.

Minnesota state law is similar in that the statute of limitations is two years, and three years if we can prove that North Memorial intentionally or recklessly violated the law. If the Minnesota class is certified, the claims will go back to June 13, 2021 under the two-year statute of limitations, or June 13, 2020 under a three-year statute of limitations.

A:

You do not have to pay anything if you join the lawsuit. 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.

A:

You do not need to have records of the hours you worked to make a claim in this case. If you do have records of the hours you worked, however, please preserve and keep them until we ask you for them. Through this lawsuit, we will seek any records the company has of your hours worked.

A:

It is against the law for an employer to retaliate against a person for joining 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, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately.

A:

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

A:

No. This case was recently filed and is pending in federal court. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

A:

If you know any EMTs and/or paramedics who are interested in making a claim for unpaid overtime, please direct them to this website to fill out a consent form. They may also contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com to sign up.

A:

To learn more, contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately.