On April 25, 2023, our law firm filed an overtime lawsuit against MedStream Anesthesia, PLLC (“MedStream”). The named plaintiff worked as a Certified Registered Nurse Anesthetist (CRNA) for MedStream and asserts individual claims and claims on behalf of other similarly situated CRNAs. The Complaint alleges that MedStream, which partners with health systems and hospitals to provide customized perioperative anesthesiology programs, required CRNAs to work overtime in order to complete all of their work, but misclassified them as independent contractors rather than employees. As a result of the misclassification, the Complaint also alleges that MedStream improperly denied the plaintiff and other CRNAs overtime pay when they worked over 40 hours per week.
The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for himself and other CRNAs.
Case Update
January 4, 2023
On October 13, 2023, we filed a motion with the Court requesting conditional class certification for Certified Registered Nurse Anesthetists (CRNAs) who have worked over 40 hours in a workweek for at least one week for MedStream as an independent contractor or through Pivot Healthcare in the last three years, and were not paid proper overtime compensation for hours worked over 40. If granted, the certification would allow a Notice of Lawsuit to be sent to CRNAs denied overtime pay by MedStream in the last three years and inform them of their opportunity to opt-in to the case. The motion is still pending before the Court.
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Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 877-344-4628 today!
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Is This a Class Action? What Does that Mean?This is a potential collective action, not a class action, under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. To make a claim and join the collective, however, a CRNA needs to provide her/his consent in writing. In addition, we would also seek to certify this case as a collective so that notice of the lawsuit would get distributed to all similarly situated CRNAs nationwide. 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 a motion at the appropriate time asking the Court to grant conditional certification.
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Am I Eligible?You may be eligible to make a federal law claim in this case if you worked for MedStream at any time within the past three years as CRNA and were not paid an overtime premium for the hours you worked over 40 per week. It is our understanding that most CRNAs that worked for MedStream were classified as independent contractors but that there are some that are directly employed by Medstream as a W2 employee.
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Which Locations Are Included?This case seeks to include all CRNAs who work or have worked for MedStreamanywhere in the country within the past three years.
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What Time Frame Does This Case Cover?The claim has what is called 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 MedStream intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?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.
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How Do I Prove I Worked Overtime?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. If MedStream 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.
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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 believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson at (612) 256-3259 or bpeterson@nka.com immediately.
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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.
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Is There Money Available Now?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.
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How Can I Help?If you know any CRNAs 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, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com to sign up.
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How Do I Learn More?To learn more, contact the case clerk, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.