Frequently Asked Questions

There are two types of claims at issue in this case.

First, there is a collective action for NuWest travel nurses like you who worked overtime and filed a Consent to Join the case (the “FLSA Collective”). The Plaintiffs allege NuWest violated the FLSA by excluding the value of their Housing and Meals & Incidentals stipends from travel nurses’ “regular rate” of pay, and thus underpaid overtime wages. Only those who joined the FLSA Collective are included in this settlement with respect to their unpaid overtime claims. Those who did not join the collective action may be time barred from bringing further claims for unpaid overtime and wages under federal law.

Second, Plaintiffs assert claims for class-wide relief alleging that NuWest offered travel nurses fixed-term assignments at a guaranteed rate of pay and, only after the employee accepted the assignment and incurred expenses necessary to begin the assignment (e.g., travel, housing, etc.), NuWest is alleged to have made demands to employees to accept less or be terminated. This is called the Rate Reduction Class.

NuWest denies that it did anything wrong, and no court or other entity has made any judgment or other determination of any wrongdoing. Instead, Plaintiffs and NuWest have agreed to a settlement to avoid the risk, cost, and time of further litigation.

If you filed a Consent to Join Form in the case, you are a member of the FLSA Collective. As a member of the FLSA Collective, you are being paid for and releasing overtime claims against NuWest.

You are a member of the Rate Reduction Class if you worked for NuWest from January 1, 2020 until December 19, 2024, as a travel nurse.

NuWest will pay $4,400,000 into a settlement fund that will be used to pay all payments to members of the FLSA Collective and Rate Reduction Class.

The settlement fund will also be used to pay the cost of settlement administration, Class Counsel’s attorneys’ fees and expenses, service awards to the named plaintiffs, and a reserve fund. After deducting the cost of settlement administration, Class Counsel’s attorneys’ fees and expenses, service awards to the named plaintiffs, and a reserve fund, the net fund will be allocated 85% to the FLSA Collective and 15% to the Rate Reduction Class. Class Counsel has allocated the fund in these proportions because they reflect the damages available to these two claims while accounting for the unique risks each faced.

• Payments to FLSA Collective Members: Members of the FLSA Collective will receive their pro rata share of the FLSA Collective settlement allocation based on each individual’s overtime damages between May 2020 and the date the Settlement Agreement is executed. Overtime damages are measured by recalculating the regular rate of pay to include the Housing and Meals & Incidentals stipends and applying that to the overtime hours each individual worked based on NuWest’s wage and hour records.
• Payments to Rate Reduction Class Members: If you do not exclude yourself from the Rate Reduction Class (the “Rate Reduction Class Members”), there are two types of settlement payments available to Rate Reduction Class Members who submit a valid Claim Form.
  • First, Documented Rate Reduction Claims will be those submitted by a Rate Reduction Class Member who includes Assignment Agreement Letters, paystubs and wage records, communications with NuWest, and/or any other documents that tend to reasonably establish the Rate Reduction Class Member experienced a mid-contract rate reduction and the amount of the loss.
  • Second, No Document Rate Reduction Claims will be those submitted by a Rate Reduction Class Member who identifies an assignment worked for NuWest between January 1, 2020 and December 19, 2024, the name and location of the healthcare facility for the assignment, the dates of the assignment, and a description of the type of rate reduction experienced.
  • Documented Rate Reduction Claims will be paid first up to 90% of the amount of the net settlement fund allocated to the Rate Reduction Class. In the event that Documented Rate Reduction Claims that have been adequately documented exceed the amount allocated to the Document Rate Reduction Claims, settlement proceeds will be allocated on a pro rata basis across the Documented Rate Reduction Claims. The remainder of the portion of the net settlement fund allocated to the Rate Reduction Class will be allocated evenly among all Rate Reduction Class Members who submit a No Document Rate Reduction Claim.

To submit a claim for a payment as part of the Rate Reduction Class, you must complete the Claim Form and submit it by June 30, 2025. You must either mail, email, or file online.

Yes, the Court has appointed Alexander T. Ricke and J. Austin Moore of Stueve Siegel Hanson LLP and Kim D. Stephens and Kaleigh N. Boyd of Tousley Brain Stephens PLLC to represent the FLSA Collective and Rate Reduction Class for the purposes of settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Lawsuit.

You can request exclusion from the Rate Reduction Class.

If you are a Rate Reduction Class Member and want to keep any right you may have to sue or continue to sue NuWest on your own based on the claims raised in this case, then you must take steps to get out of the settlement. This is called excluding yourself from – or “opting out” of – the Settlement. If you exclude yourself from the Rate Reduction Class, your claims may be time-barred and you may not be able to pursue them further. For complete instructions on how to exclude yourself from the Rate Reduction Class, refer to Section 15 of your Notice.