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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.