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.
No, you are not being sued.
The claims certified as class actions in the lawsuit concern whether Fastaff’s overtime pay practices violate the state overtime and wage and hour laws of California, New York, and New Jersey. Fastaff paid the Plaintiffs, who worked travel assignments at healthcare facilities in those three states, an hourly rate and separately paid stipends for “Housing” and “Meals & Incidentals.” Plaintiffs allege the stipends functioned as compensation for their work so that these amounts should have been included when Fastaff calculated their overtime pay. You can read Plaintiffs’ Second Amended Class Action Complaint on this website.
Fastaff denies all of Plaintiffs’ claims and denies any wrongdoing or liability. Fastaff’s position is that its overtime pay practices are consistent with the law because the stipends are reasonable reimbursements for living expenses while Plaintiffs and class members are away from home on Fastaff’s behalf. Fastaff disagrees with Plaintiffs’ claim that this benefit should be treated as compensation for hours worked. Fastaff further denies that the claims asserted in the lawsuit are appropriate for class or representative treatment. You can read Fastaff’s Answer to Plaintiffs’ Second Amended Complaint on this website.
The Court has certified the following classes:
The California Class: Any person who entered into an agreement with Fastaff to work at a facility in California who (1) worked more than 40 hours in a workweek or 8 hours in a work day, (2) who was paid a stipend during that workweek or work day, and (3) whose regular rate of pay did not include the value of that stipend from three years (Cal. Lab. Code § 510 overtime claim) or four years (derivative Unfair Competition Law claim) prior to the filing of the Complaint through the date of the Court’s class certification order.
The New York Class: Any person who entered into an agreement with Fastaff to work at a facility in New York who (1) worked more than 40 hours in a workweek, (2) who was paid a stipend during that workweek, and (3) whose regular rate of pay did not include the value of that stipend from six years prior to the filing of the Complaint through the date of the Court’s class certification order.
The New Jersey Class: Any person who entered into an agreement with Fastaff to work at a facility in New Jersey who (1) worked more than 40 hours in a workweek, (2) who was paid a stipend during that workweek, and (3) whose regular rate of pay did not include the value of that stipend from six years prior to the filing of the Complaint through the date of the Court’s class certification order.
“Stipends” are the housing and meals & incidentals stipends.
The Plaintiffs are asking that the classes be compensated for amounts that they allege should have been included in their overtime pay for assignments worked in California, New York, and New Jersey during the relevant time period. Plaintiffs also seek pre-judgment and post-judgment interest; compensatory, liquidated, and statutory damages; reasonable attorneys’ fees, costs, and expenses; and such other relief the Court permits.
No money or benefits are available now because the case has not yet gone to trial, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained.
You do not have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the classes and you will be legally bound by the Orders the Court issues and judgments the Court makes in this class action. If you stay in the classes and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you may either be compensated automatically if you qualify for relief or be notified about how to apply for a share. If you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue Fastaff about legal claims that are the same or related to the state law overtime claims at issue in this lawsuit.
To ask to be excluded, also sometimes referred to as “opting out” of the Classes, you must send an exclusion request in the form of a letter sent by mail, stating that you want to be excluded from Egan v. Fastaff. Be sure to include your name and address and sign the letter. You must mail your exclusion request postmarked by July 10, 2026 to the following address:
Fastaff Wage Case
P.O. Box 2006
Chanhassen, MN 55317-2006
Alternatively, you can upload your exclusion request by July 10, 2026 to this website here.
If you want to bring your own action against Fastaff related to the issues presented in this case, you should exclude yourself from the classes. Unless you exclude yourself, you give up any right to sue Fastaff for the claims that are or could have been asserted in this class action. If you choose to exclude yourself, you will not get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of a trial or from any settlement between Fastaff and the Plaintiffs. If you start your own lawsuit against Fastaff after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit.
Yes. The Court appointed the following law firm as “Class Counsel” to represent all the members of the classes:
Stueve Siegel Hanson LLP
460 Nichols Rd., Suite 200
Kansas City, MO 64112
travelnursesurvey@stuevesiegel.com
866-714-0878
If you have questions, you may contact Class Counsel. You will not be charged for contacting Class Counsel. If you want to be represented by your own lawyer, however, you may hire one at your own expense.
Unless the case is resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at a trial. During the trial, a jury or the Court will hear all the evidence to help them reach a decision about whether the Plaintiffs or Fastaff is right about the claims in the lawsuit. Because the trial date has not yet been set, be sure to regularly check this website for case updates.
You may email the Claims Administrator at info@FastaffWageCase.com, or call toll-free at 833-632-5646.