Miclat v. Advanced Care Staffing

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Were you a healthcare worker for Advanced Care Staffing, LLC or Priority Care Staffing, LLC between Sept. 16, 2012 and June 11, 2025 who entered the U.S. through their foreign nurse recruitment program? If so, the settlement of the Class Action Lawsuit Cherry Lyn Miclat & Benzor Shem Vidal v. Advanced Care Staffing, LLC & Priority Care Staffing, LLC, Case No. 1:23-cv-05296 (NRM)(MMH) may affect your rights.

What is this Lawsuit about?

This lawsuit was filed on behalf of healthcare workers and claims that Advanced Care Staffing, LLC and Priority Care Staffing, LLC broke the law by requiring healthcare workers to pay Defendants if they left before the end of their contract. Plaintiffs allege that the contract also resulted in damages to everyone who worked for Defendants under the contract because it made people work longer than they otherwise would have and for lower pay.

How do I know if I am in the Settlement Class?

If you received a Postcard or Email Notice, Defendants' records indicate that you are a current or former employee as of June 11, 2025. This means that you are a healthcare worker who entered the United States through Advanced Care Staffing's or Priority Care Staffing's foreign nurse recruitment program and entered into a contract with Advanced Care Staffing or Priority Care Staffing at any point from September 16, 2012 to June 11, 2025.
You may also be eligible to become a member of the Settlement Collective and receive an additional payment if your Postcard Notice included a tear-off FLSA Consent and Release Form or if you worked for Advanced Care Staffing or Priority Care Staffing at any point between June 11, 2022 and June 11, 2025. To receive that payment, you must submit (by mail or electronically) the FLSA Consent and Release Form.

What does the Settlement provide?

If you paid Defendants any money in connection with leaving before the end of your contract, you will receive that money back through the NY Attorney General and U.S. Department of Labor. The total amount being distributed through the Attorney General and Department of Labor is $663,668.66. The balance of the settlement amount is $526,331.34, which will be distributed through this Settlement. The average per person payment is expected to be approximately $1,200. If you currently owe Defendants money in connection with leaving before the end of your contract, you will not be required to pay them anymore. If, as of June 11, 2025, you were a current employee, you will benefit from changed practices, including not having to pay Defendants if you resign for Good Reason and having the amount you owe if there is no Good Reason capped at $5,000.

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING Get a payment. The amount you receive will be based on the length of time you worked for Advanced Care Staffing and/or Priority Care Staffing. The longer you worked, the higher your amount will be. The average expected per person amount is expected to be approximately $1,200. You will also give up rights resolved by settlement. You may also benefit from changed practices. If you currently owe money to Advanced Care Staffing or Priority Care Staffing for resigning before the end of your contract, you will not have to pay. If you are a current employee and if, in the future, you resign before the end of your contract, you will not owe money if you resign for Good Reason and, if you leave without Good Reason, the amount you owe will be capped at approximately $5,000.
SUBMIT AN OPT-IN FORM BY FEBRUARY 9, 2026 Receive the benefits described above, but receive more money (by approximately 10%) from the Settlement. Give up right to bring Fair Labor Standards Act (FLSA) claims resolved by this Settlement.
OPT OUT BY FEBRUARY 9, 2026 Get no payment and you may not benefit from some of the changed practices. Opting out allows you to bring another lawsuit against Advanced Care Staffing, LLC and Priority Care Staffing, LLC about the same issues.
OBJECT BY FEBRUARY 9, 2026 Tell the Court why you don't like the settlement. You cannot object if you opt out.