This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
This lawsuit is about whether Defendant properly paid each Class Member for straight and overtime hours, including when he or she performed work while on-the-clock and during meal breaks. Plaintiff also claims that Defendant failed to provide proper notices and/or wage statements.
Defendant denies that it underpaid or improperly paid Class Members or failed to provide proper notices and/or wage statements.
Class Members are non-exempt hourly paid employee or salaried overtime eligible employee at AHRC Health Care, Inc. at any time from October 5, 2014 through the date of June 9, 2025.
The Court did not decide in favor of Plaintiff or Defendant. Both sides believe they would have prevailed in the case, but there was no decision ruling in favor of either party. Instead, both sides agreed to a settlement. That way, they avoid the costs, delays, and uncertainties associated with further litigation, and the Class Members who participate in the Settlement will get compensation. The Representative Plaintiff and the attorneys representing the Class Members think the Settlement is best for all Class Members.
Defendant has agreed to deposit a total of $5,150,000.00 (the “Gross Settlement Amount”) into a fund to be divided among current and former employees who are covered by the Settlement Agreement. The Gross Settlement Amount shall cover payments to Class Counsel for attorneys’ fees and costs, payments to the Representative Plaintiff for his services to the Class, taxes, and the costs of administering the Settlement. The remaining amount, after attorneys’ fees and costs, service payment, taxes, and administrative fees have been deducted (the “Net Settlement Fund”), shall be divided among Class Members based on a pro rata allocation based on the number of weeks worked per Class Member over the applicable claim period. Specifically, each Class Member will be assigned an individual percentage amount of the Gross Settlement Amount based on their individual number of workweeks in a non-exempt hourly or salaried overtime eligible position compared to the total amount of such workweeks attributable to the entire Class. Each Class Member’s percentage amount of the Gross Settlement Amount shall be assigned to the Net Settlement Fund in order to compute that Class Member’s share of the Net Settlement Fund. Settlement checks that are issued to Class Members that are not cashed within 90 days will be null and void.
Class Members do not need to do anything to receive the payment under the Settlement. You will be sent a settlement check if and when the Court approves the settlement and after all appeals have been exhausted, if any such appeals result in approval of the Settlement.
The Court has decided that the lawyers at McLaughlin & Stern, LLP are qualified to represent you and all Class Members. These lawyers are called “Class Counsel.” Specifically, if you choose to remain in the Class you are represented by Lee S. Shalov, Esq., Brett R. Gallaway, Esq., and Jason S. Giaimo, Esq., from McLaughlin & Stern, LLP. You will not be separately charged for these lawyers; their fees are being covered by the settlement fund. You do not need to retain your own attorney in order to participate as a Class Member. If you want to be represented by your own lawyer, you may hire one at your own expense; that lawyer will not be entitled to receive fees from the settlement fund.
If you are a Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter by mail that includes the words “I object to the settlement in the AHRC wage and hour settlement.” as well as all reasons for the objection. Be sure to include your name, job title, address, telephone number, and your signature. Mail the objection to:
AHRC Health Care Case
P.O. Box 2006
Chanhassen, MN 55317-2006
Your letter must be postmarked no later than August 13, 2025.
The Court will hold a Fairness Hearing on December 3, 2025, at 2:30 p.m., at the United States District Court for the Southern District of New York, 40 Foley Square, New York, New York 10007, before the Hon. Jennifer E. Willis in Courtroom 228.
At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
You may contact the Settlement Administrator at 844-473-6690, or email AHRCsettlement@noticeadministrator.com.