On June 13, 2023, our law firm filed a lawsuit against North Memorial Health Care (“North Memorial”) alleging that the company failed to pay its emergency medical technicians (EMTs) and paramedics the minimum wages and overtime compensation they were entitled to under federal and state laws.
The Complaint alleges North Memorial’s unlawful pay practice failed to pay its EMTs and paramedics properly for the time they were required to work on-call hours. Specifically, the Complaint alleges that EMTs and paramedics were required to work under restrictive conditions when on-call, so much so that they could not effectively use on-call time for personal purposes. Despite these restrictions, North Memorial compensated Plaintiff and other similarly situated EMTs and paramedics below Minnesota’s required minimum hourly wage for on-call hours. The Complaint alleges the company also failed to pay proper overtime compensation by excluding these on-call hours as hours worked in its calculation of weekly overtime.
According to the Complaint, these unlawful pay practices occurred through approximately April 2022, at which time North Memorial 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. The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act (FLSA) and putative class action under Minnesota law. The action seeks to recover damages within the applicable statutory period, including unpaid minimum wages, overtime compensation, liquidated (double) damages, and other damages/penalties recoverable under state law.
This case is entitled Johnson v. North Memorial Health Care, Case No. 0:23-cv-01780 (District of Minnesota)
Case Update
January 22, 2024
On January 4th, the Court granted Plaintiffs' Motion for Conditional Certification and Court-Authorized Notice. This means any EMT/Paramedic who was only paid $4 an hour for on-call time from approximately January 2021 to April 25, 2022 will have an opportunity to join the case to assert unpaid overtime claims under the Federal Fair Labor Standards Act. The Notice of Lawsuit was mailed and emailed to potential collective class members on January 19, 2024, and eligible individuals have until March 19, 2024 to join the case.
June 22, 2023
On June 14, 2023, a former North Memorial Health Care (“North Memorial”) employee initiated a lawsuit alleging that the company failed to pay its emergency medical technicians (EMTs) and paramedics the minimum wages and overtime compensation they were entitled to under federal and state laws.
The Complaint alleges North Memorial’s unlawful pay practice failed to pay its EMTs and paramedics properly for the time they were required to work on-call hours. Specifically, the Complaint alleges that EMTs and paramedics were required to work under restrictive conditions when on-call, so much so that they could not effectively use on-call time for personal purposes. Despite these restrictions, North Memorial compensated Plaintiff and other similarly situated EMTs and paramedics below Minnesota’s required minimum hourly wage for on-call hours. The Complaint alleges the company also failed to pay proper overtime compensation by excluding these on-call hours as hours worked in its calculation of weekly overtime.
According to the Complaint, these unlawful pay practices occurred through approximately April 2022, at which time North Memorial began paying minimum wage for on-call hours worked and factoring on-call hours into the weekly total of hours worked for purposes of determining overtime pay. The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act (FLSA) and putative class action under Minnesota law. The action seeks to recover damages within the applicable statutory period, including unpaid minimum wages, overtime compensation, liquidated (double) damages, and other damages/penalties recoverable under state law.
The Plaintiff’s attorneys, Reena I. Desai of Nichols Kaster, PLLP, explained, “North Memorial appears to have fixed their practice of not properly paying EMTs/paramedics for their on-call hours worked beginning April 2022, but has not yet remedied the years of unpaid wages due to Plaintiff and others in a similar position prior to their change in practice. We look forward to recovering these unpaid wages.”
North Memorial operates approximately 27 specialty and primary care clinics, two hospitals, provides medical transportation services, and offers home care services. It serves eight ambulance regions across Minnesota and western Wisconsin, ranging from urban to remote rural communities.
The Plaintiff is represented by Reena I. Desai from Nichols Kaster, PLLP in Minneapolis, Minnesota. The case is Johnson v. North Memorial Health Care, Case No.: 0-23-cv-01780 (District of Minnesota). Additional information about how to join the case may be found at www.nka.com or by calling (612) 256-3266.
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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?
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.
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Which Locations Are Included?
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.
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What Time Frame Does This Case Cover?
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.
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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 the Hours I Worked?
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.
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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, Theo Hoyer at (612) 256-3275 or thoyer@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 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.
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How Do I Learn More?
To learn more, contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com immediately.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.