AccentCare, Inc.
Case Information:
This is a nationwide Fair Labor Standards Act (FLSA) case involving individuals paid straight-time for their intra-workday travel time. The lawsuit claims that AccentCare, Inc. required employees, including its Field Specialists who care for patients in their homes, to travel between patient’s homes during the work day for straight time pay only. Thus the lawsuit alleges that AccentCare owes these individuals additional unpaid overtime wages.
The lawsuit requests the lost overtime wages, liquidated (double) damages, injunctive relief, and attorneys’ fees.
The document that starts a lawsuit is called a Complaint. Click here to read the Complaint in this case.
Status Updates
July 16, 2018 – Briefing Complete on Objections to Magistrate Judge’s Recommendations to Grant AccentCare’s Motion to Compel Arbitration
On July 16, 2018, we filed the last of the briefing in opposition to the Magistrate Judge’s recommendation to grant AccentCare’s Motion to Compel Arbitration. Click on these links to view our objections, AccentCare’s response, and our reply. The district court will now review all of the filings and make a final determination on whether to grant AccentCare’s motion to compel arbitration.
June 11, 2018 – Magistrate Judge Recommends Granting AccentCare’s Motion to Compel Arbitration
On June 11, 2018, the Magistrate Judge assigned to this case recommended to the district judge that AccentCare’s Motion to Compel Arbitration be granted. You can read the recommendation here. We will file objections to the recommendation.
March 16, 2018 – AccentCare’s Motion to Compel Arbitration submitted to the Court
On March 16, 2018, AccentCare filed the last of the briefing materials on Touchpoint’s Motion to Compel Arbitration. Click on these links to view our response and AccentCare’s reply.
February 27, 2018 – Tolling Agreement Entered
On February 27, 2018, we agreed to withdraw Plaintiffs’ Motion for Conditional Class Certification in exchange for a tolling agreement with AccentCare. Under the tolling agreement, the statute of limitations for the class members is tolled (paused) for the total number of days between February 27, 2018 and the date when the Court rules on AccentCare’s Motion to Compel Arbitration. Should the Court ultimately deny AccentCare’s Motion to Compel Arbitration, the amount of days where the statute of limitations is tolled is doubled.
February 23, 2018 – AccentCare Files Motion to Compel Arbitration
On February 23, 2018, AccentCare filed a motion to compel arbitration. You can read the motion here.
February 21, 2018 – Motion for Conditional Class Certification Filed
On February 21, 2018, Plaintiffs filed a motion for conditional class certification and for judicially supervised notice. In the motion, which you can read here, Plaintiffs asked the court to certify a class of current and former AccentCare employees that were paid straight time for their intra-workday travel over the last three years. Plaintiffs also requested that the Court authorize Plaintiffs’ counsel to notify all potential class members of this lawsuit and of their ability to join the lawsuit.
