A statewide collective action has been filed in New York against Jacobs Nursing & Healthcare Employment Services Agency, Inc. The action is brought on behalf of all New York residents who have been employed by Jacobs between December 22, 1997 and December 22, 2003 and who have not been paid overtime compensation during their employment. The employees bring this action under the federal Fair Labor Standards Act and New York labor laws and seek back pay, statutory damages and injunctive and declaratory relief. As a collective action, all potential
claimants must "opt-in" to the action in order to recover. The employees have indicated that the class is quite large and have asked the court to issue notice to all potential claimants.

According to the employees, they are employed as hourly workers in the healthcare industry by Jacobs. Jacobs primarily employs private duty
nurses which it provides to clients all over the New York City metropolitan area. The employees allege that despite the fact that they are regularly called upon to work beyond 40 hours a week, Jacobs does not compensate them in accordance with federal and state law. Under both the federal Fair Labor Standards Act and New York labor law, all persons who worked in excess of 40 hours per week are entitled to compensation at the rate of time and a half for all hours worked beyond 40. The employees allege that Jacobson's conduct was both a willful and intentional violation of federal and state law and that they intentionally failed to pay employees proper overtime.