Lawsuit against Choice Health Management Services, LLC
Court Authorized Notice to
Hourly Paid Patient Care Providers that worked at Certain Facilities managed by Choice Health Management Services, LLC
DEADLINE TO JOIN: December 18, 2025
This Notice is to inform you of a collective action lawsuit, Katrina Cole v. Choice Health Management Services, LLC, et al., No. 24-cv-576, pending in the United States District Court for the Middle District of North Carolina alleging violations of the federal Fair Labor Standards Act (“FLSA”) for unpaid wages. The Court presiding over this action has authorized the mailing of this notice to YOU to afford you the opportunity to join this lawsuit.
1. Why Are You Getting this Notice?
You are getting this notice because you worked at the Universal Health Care/Fuquay-Varina, Universal Health Care/Lillington, Universal Health Care/Greenville, Universal Health Care and Rehabilitation Center (Concord), or Universal Health Care/Blumenthal facility managed by Choice Health Management Services, LLC (“Choice”) as an hourly paid certified nursing assistant at some point between July 11, 2021, to May 31, 2024. A lawsuit was brought against Choice on July 12, 2024, alleging that you and certain other workers are owed overtime under the FLSA.
2. What is this lawsuit about?
The individual that brought this lawsuit worked for Choice as a Certified Nursing Assistant (“CNA”). She alleges that Choice owes her, and a class of other patient care employees, overtime pay under the FLSA. She alleges that she is entitled to recover overtime from Choice because she was not completely relieved of all duties during unpaid meal periods. She claims that Choice automatically deducted a 30-minute meal period from every shift she worked, regardless of whether the meal period was interrupted, subject to interruptions, and/or missed altogether. She alleges that Choice violated the FLSA when it failed to pay her overtime for working more than forty hours in a week including the unpaid meal periods when she was interrupted, subject to being interrupted, or otherwise remained on duty. She is also seeking an equal amount of her unpaid overtime as liquidated damages, as well as attorneys’ fees and costs.
Choice denies the allegations in this lawsuit. The Court has not yet decided who is right but has authorized this notice to inform you of your right to join this lawsuit.
3. Are You Eligible to Join This Suit?
You are eligible to join this suit if:
- You were employed as a CNA at one of the above facilities managed by Choice between July 11, 2021 and May 31, 2024;
- You were subject to an automatic deduction of your meal break times; and
- You were either interrupted during a substantial number of your meal breaks OR you were subject to interruptions during a substantial number of your meal breaks.
4. Your Right to Join this case
If you fit the eligibility above, you may join this case (that is, you may “opt-in”) by completing the “Consent to Join Collective Action“ form and mailing it to the following address:
Sosa-Morris Neuman, PLLC
Choice Wage Claim
4151 Southwest Fwy, Suite 515
Houston, Texas 77027
Phone: 1-844-88 LABOR (52267)
Fax: 281-885-8813
The form must be received by the lawyers for the Plaintiff by December 18, 2025. If you fail to timely return the Consent to Join Collective Action form, you may not be able to participate in this lawsuit and/or receive a portion of a monetary settlement, if any.
You may also fill out the “Consent to Join Collective Action” form at the following website: www.choicehealthlawsuit.com
5. What are your options?
If you choose to join in this case, you may be required to participate in the lawsuit, including depositions, written discovery and trial, and would further be eligible to participate in a settlement for unpaid wages, if any is reached. Also, if you choose to join this case, you will be bound by a judgment ultimately entered in this case, whether it is favorable or unfavorable. If it is unfavorable, you will not owe any money. If it is favorable, you may receive a portion of the settlement fund.
If you do not wish to be a part of the lawsuit, you do not need to do anything. If you do not join the lawsuit, you will not be part of the case and will not be bound by or affected by the result, whether favorable or unfavorable. If you do not join this case, you will not be able to participate in any settlement, if any is reached, regarding the claims for unpaid overtime wages. Your decision not to join this case will not affect your right to bring a similar case on your own at a future time. However, claims under the Fair Labor Standards Act must be brought within two (2) years of the date the claim accrues, unless the employer’s violation of the law was “willful,” in which case the claim must be brought within three (3) years. Therefore, if you delay filing your claim, the statute of limitations may diminish or even eliminate your claim.
The attorneys for the Plaintiff are being paid on a contingency fee basis, which means that if there is no recovery there will be no attorney’s fee. If there is a recovery, the attorneys for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.
6. No one can retaliate against you for deciding to join, or not to join, this lawsuit.
It is illegal for Choice to discharge or any in manner discriminate against you for joining this lawsuit. This means Choice cannot terminate your employment, or reduce your hours, pay or benefits, because of your participation in this lawsuit.
7. Your legal representation if you join.
If you choose to join this suit, you will be represented by John Neuman of the law firm Sosa-Morris Neuman, PLLC. The contact information for the law firm is below.
8. How Can You Get More Information?
If you have any questions, you can get more information by calling or emailing the Plaintiff’s attorneys:
John Neuman
Email: jneuman@smnlawfirm.com
Telephone: (281) 885-8630
Facsimile: (281) 885-8813
4151 Southwest Fwy, Suite 515
Houston, TX 77027