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.
This case is entitled Abel v. Pathway Health Services, Inc., Case No. 0:20-cv-01307 (District of Minnesota)
Case Updates
November 29, 2022
Pathway Health Services, Inc. Case Update
We recently sent out settlement checks to all Settling Plaintiffs (those eligible to participate in the settlement who did not request exclusion). The deadline for Settling Plaintiffs to cash or deposit their checks is February 8, 2023. If you have any questions or concerns about your settlement payment, please direct them to our case clerk, Madeline Orozco, at morozco@nka.com or 612-256-3297.
November 2, 2022
Pathway Health Services, Inc. Case Update
Following the October 6, 2022 Final Approval Hearing, the Court granted final approval of the settlement, authorizing Class Counsel, Nichols Kaster, PLLP, to distribute settlement checks to Settling Plaintiffs (those eligible to participate in the settlement who did not request exclusion). We anticipate sending settlement checks by late November 2022. If you have any questions or need to update your contact information, please contact the case clerk, Madeline Orozco, at morozco@nka.com or by phone at 612-256-3297.
April 20, 2021
Pathway Health Services, Inc. Case Update
Notice of the lawsuit was sent on February 17, 2021. The April 19, 2021 deadline to join the case has passed. If you have any questions, please contact the case clerk, Abby Sokolowski at 612-256-3260 or asokolowski@nka.com.
October 29, 2020
Pathway Health Services, Inc. Case Update
We received our scheduling order from the Court this week. We are now entering the discovery part of the case, where both parties collect and exchange information about the case. There is still time to sign up. You may submit a consent form at the link at the top of this website or reach out to our case clerk, Abby Sokolowski, at 612-256-3260 if you have any questions.
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