Hagen and Nhan et al. v. Meridian Services, Inc. and Orion Associates, Inc. Case No. 0:24-cv-03661(District of Minnesota)
On September 16, 2024, two former Case Managers/Social Workers filed an overtime lawsuit against Meridian Services, Inc. (“Meridian”) and Orion Associates, Inc. (“Defendants”). The named plaintiffs assert individual claims and claims on behalf of other similarly situated Case Managers/Social Workers, and employees in other positions with similar titles and/or duties. The Complaint alleges that the plaintiff’s primary duty was non-exempt work, providing case management services to Defendants’ clients, and that this was true for other similarly situated Case Managers/Social Workers. The complaint further alleges that Defendants required Case Managers/Social Workers to work overtime in order to complete all of their work and to meet Defendants’ productivity standards, but misclassified them as exempt, improperly denying them overtime pay when they worked over forty (40) hours per week.
The plaintiffs brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) and a Rule 23 class action under the Minnesota Fair Labor Standards Act (“MFLSA”) and the Minnesota Payment of Wages Act (“MPWA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for themselves and others.
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Our FAQ
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Is This a Class Action? What Does that Mean?
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.
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Am I Eligible?
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 for Meridian as a Case Manager/Social Worker at any time within the last three years. To make a claim under federal law, you must submit a consent form.
State Law:
You may have a claim in this case for unpaid overtime wages under Minnesota law if you worked over 48 hours per week for Meridian in Minnesota at any time within the past three years. Whether additional Case Managers/Social Workers 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.
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Which Locations Are Included?
This case seeks to include all Case Managers/Social Workers who work or have worked for Defendants within the past three years.
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How Do I Join This Case?
To make a claim in this case for any unpaid overtime under the FLSA, the federal law, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.
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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 limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that Defendants willfully 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?
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 overtime pay in this case. If Defendants 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 currently work for Meridian and/or Orion Associates and 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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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 currently work for Meridian and/or Orion Associates and 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 is a pending lawsuit. 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 Case Managers/Social Workers 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 about this case, feel free to 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.