Joanna Szabo  |  November 4, 2019

Category: Labor & Employment

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Nurse writing in clipboardA nursing staffing company has agreed to pay $2.75 million to bring an end to claims brought against it in a major overtime pay rate class action lawsuit.

The lawsuit was brought on behalf of than 2,750 nurses and technicians from across the United States, who alleged that the nursing staffing company Fastaff LLC failed to include housing stipends in their calculations for their proper overtime pay rate. The plaintiffs claimed that this violated the Fair Labor Standards Act, as well as California labor law.

The lead plaintiffs who filed this lawsuit are both former employees for Fastaff LLC (parent company U.S. Nursing Corp.).

Plaintiffs Stephanie D. and Michael G. first filed their overtime pay rate lawsuit two years ago, alleging that while on assignment with Fastaff LLC, they were provided a housing benefit in the form of either a stipend or arranged housing. However, this benefit wasn’t included in the calculation of their overtime pay, skewing their proper overtime rate of pay, they claimed.

Court documents showed that Fastaff and U.S. Nursing Corp. denied they were liable for these allegations.

The case had been hotly contested, the plaintiffs said, but the agreement they came to ultimately benefits the nearly 2,800 class members involved. $1.7 million of the total settlement fund will be split among the nurse class members, leaving each with about a $624 payout.

The lead plaintiffs are set to each get $10,000 as a service award. The remaining is set to go to class counsel for attorneys’ fees and reimbursed litigation costs.

While the class counsel projected a maximum potential recovery from the lawsuit as between $5 million and $8.8 million, the settlement agreement of $2.75 million was deemed reasonable.

The parties first reached their settlement agreement back in March, but it was only recently given final approval from a federal court in California. It’s important to remember that the settlement agreement does not make a determination about the nurse staffing company’s liability in this issue.

Filing a California Overtime Lawsuit

If you work in California and believe that your labor rights were violated—for instance, if you were denied your proper overtime or break periods, or if you were misclassified as an independent contractor instead of an employee—you may be able to file a wage and hour lawsuit and pursue compensation.

Filing a lawsuit can help you recover the compensation you’re owed, as well as hold the company responsible accountable for its actions.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork or you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Overtime Pay Rate Lawsuit is Case No. 3:17-cv-01584-WHO, in the U.S. District Court for the Northern District of California.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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One thought on Nurse Staffing Company Agrees to $2.75 Million Settlement to End Overtime Pay Rate Lawsuit

  1. Kathleen Cain says:

    I recieved a check but by the time I received it, the check had expired. How can I get the check reissued?

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