Frequently Asked Questions

No, you are not being sued.

The Complaint alleges that the Defendant violated the FLSA, the MMWL, and state common law by misclassifying workers as independent contractors who worked at a facility managed by Americare Systems, Inc. through ShiftKey. As a result, Americare failed to pay these workers all legal wages, including the overtime premium for hours worked more than 40 in a workweek. Americare denies all the claims asserted in the Complaint and maintains that it correctly classifies these workers as independent contractors and has paid them all legal wages owed.

The Settlement Class is defined as:

“All persons who worked at a facility in Missouri managed by Americare Systems, Inc. and who (1) obtained their position through ShiftKey, LLC and (2) worked more than 40 hours in a workweek from July 17, 2021, to the filing of the Complaint through December 12, 2025.”

The Court did not decide in favor of Named Plaintiffs or Defendant, and no Party prevailed. The Parties agreed to a settlement to avoid further disputes and the risk, expense, and inconvenience of litigation.

The Named Plaintiffs and their attorneys believe that this settlement is a good outcome for all individuals covered by the proposed settlement. But if you believe the settlement is not in your interests, you are eligible to opt out of the settlement. See following FAQs for details.

A Class Settlement Fund of $192,113 will be used to pay all settlement payments to individuals covered by the Settlement, the Court-approved service payments to the Named Plaintiffs and an Opt-In Plaintiff, and the Settlement Administrator’s fees and costs. The Settlement funds are being divided among the individuals covered by the Settlement according to an allocation formula.

As part of the settlement, Americare agreed not to oppose a request by Class Counsel for court approval of separately negotiated attorneys’ fees and expenses in an amount not to exceed $556,887. The separate payment of Class Counsel’s attorneys’ fees and expenses does not decrease or affect in any way the amount of money available to Class Members and Collective Members.

To receive proceeds from the Settlement, you do not have to do anything.

If the Court grants final approval of the Settlement and you do not submit a written request to opt out of the settlement, you will be bound by the release of certain federal, state, and local law claims described in the next FAQ, and you will receive a check representing your share of the Settlement fund.

If you choose to cash or deposit that check, you will further be bound by the release of federal FLSA claims described in the next FAQ.

If you choose to settle your FLSA and MMWL claims and not submit a request for exclusion from the Settlement through the procedure outlined in the next FAQ, you will be deemed to have released any and all state and local wage and hour claims that were or could have been asserted based on the facts alleged in the Complaint (“Released Claims”) against Defendant. “Defendant” includes Americare and also its present and former affiliates, divisions, members, joint venture partners, subsidiaries, parents, predecessors, and any other affiliated entities and persons, such as Defendant’s employees, managers, agents, and representatives. Your release will also include any and all state and local wage and hour claims that were or could have been asserted based on the facts alleged in the Complaint against ShiftKey and its related entities. However, ShiftKey and its related entities are released only to the extent those claims relate specifically to the work you performed at a Facility managed by Americare through ShiftKey, LLC (the entities discussed above, including Defendant, ShiftKey, and their related entities and persons are referred to as the “Released Parties”).

In addition, if you also cash or deposit your forthcoming settlement check, you will be deemed to have further waived, released, and forever discharged any and all federal wage and hour claims that were or could have been asserted based on the facts alleged in the Complaint, including those brought under the FLSA, whether known or unknown (“Released FLSA Claims”) against the Released Parties.

The Released Claims and Released FLSA Claims include liquidated or punitive damages based on said claims and are intended to include all claims described or identified herein through June 24, 2026. However, the Released FLSA Claims and the Released State Claims do not include any rights or claims (i) that may arise after June 24, 2026; or (ii) which may not be infringed, limited, waived, released or extinguished by private agreement and/or as a result of any law, statute, or ordinance.

If you do not want to participate in the Class Settlement and retain your right to pursue your own independent action, you must send a letter stating your desire to be excluded from the settlement, include the name of the Litigation, your name, your address, and your signature. The letter must be sent in an envelope addressed to the Settlement Administrator at:

Americare Wage Case
P.O. Box 2006
Chanhassen, MN 55317-2006

In order to be valid, your written request to opt out of the settlement must be received by the Settlement Administrator and be postmarked no later than AUGUST 20, 2026. If you timely submit a written request to opt out of the settlement, you will not be eligible to receive any of the benefits under the Settlement. You will, however, retain whatever legal rights you may have against the Released Parties with regard to all of the released claims described above in the previous FAQ.

In addition, if you do not opt out of the settlement, you will not retain your rights to later assert the Released Claims regardless of whether you cash the check containing your benefits under the Settlement. However, if you both do not opt out of the settlement and do not cash your check, you will retain your rights as to the Released FLSA Claims.

If you choose to exclude yourself from the settlement or otherwise retain your rights to the Released FLSA Claims, there are time limitations to bring a claim.

If you do not request exclusion from the Settlement but believe the proposed Settlement is unfair or inadequate in any respect, you may object to the Settlement by mailing a copy of your written objection to the Settlement Administrator at the address set forth in the previous FAQ.

All objections must be signed and include your address, telephone number, and the name of the Litigation. Your objection should clearly explain why you object to the proposed Settlement and must state whether you or someone on your behalf intends to appear at the Final Approval Hearing. All objections must be filed with the Court or received by the Settlement Administrator, and postmarked by no later than AUGUST 20, 2026. However, if the Settlement Notice sent to you is returned as undeliverable, but the Settlement Administrator locates an additional address for the Class Worker and thereafter sends the Proposed Settlement Notice to that additional address, then you shall have a deadline of the earlier of thirty (30) days from the date the Proposed Settlement Notice was mailed to the additional address to opt out of the settlement or seventy-five (75) days from the date the Settlement Administrator first mailed the Proposed Settlement Notice to you. If you submit a timely objection, you may appear, at your own expense, at the Final Approval Hearing, discussed in following FAQs.

Any Settlement Class Member who does not object in the manner described above shall be deemed to have waived any objections and shall forever be foreclosed from objecting to the fairness or adequacy of the proposed Settlement, the payment of attorneys’ fees, litigation costs, the service payment to the Named Plaintiff, the claims process, and any and all other aspects of the Settlement. Likewise, regardless of whether you attempt to file an objection, you will be deemed to have released all of the Released Claims as set forth in the section titled “What am I giving up if I receive proceeds from the settlement?” unless you request exclusion from the Settlement in accordance with the previous FAQ. Further, regardless of whether you attempt to file an objection, you will be deemed to have released all of the Released FLSA Claims if you cash or deposit your settlement check.

Yes. The Court has appointed Plaintiffs’ counsel as Class Counsel, and they commonly represent the interests of the Plaintiffs and all similarly situated employees who have not requested to be excluded. You will not be charged for these attorneys. You do not need to retain your own attorney to participate as a member of this class action. However, you may consult with any attorney you choose at your own expense before deciding whether to opt out of this settlement.

Class Counsel are:

George A. Hanson
Alexander T. Ricke
Stephen D. Ahal
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
americarewagecase@stuevesiegel.com

Tom Wagstaff Jr.
Taylor Myers
LAW OFFICE OF TOM WAGSTAFF JR, LLC
6811 Shawnee Mission Pkwy, Suite 314
Overland Park, KS 66202

The Court will hold a Final Approval Hearing on the fairness and adequacy of the proposed Settlement, the plan of distribution, Class Counsel’s request for attorneys’ fees and expenses, and the service payments to the Named Plaintiffs on October 6, 2026, 10:00 AM, in Courtroom 7B of the U.S. District Court, Western District of Missouri, located at Charles Evans Whittaker U.S. Courthouse, 400 E. 9th Street, Kansas City, MO 64106.

The Final Approval Hearing may be continued without further notice to Class Members. You are not required to appear at the hearing to participate in or to opt-out of the Settlement.

Any updates to the date, time, location, or venue of the Final Approval Hearing will be posted on this website.

You may send an email to the Settlement Administrator at AmericareWageCase@noticeadministrator.com, or call at 855-586-7002.