How to Advocate for Fair Pay: What Case Managers’ Wage Win Teaches Caregivers About Self-Advocacy

Feeling shortchanged after another unpaid hour? You’re not alone — and there’s a roadmap.

Caregivers and case managers are stretched thin: long shifts, paperwork piled on after hours, and the constant pressure to prioritize patient needs over your own. When those unpaid minutes add up, it’s more than frustrating — it’s illegal. A recent federal ruling in Wisconsin that ordered a health system to pay $162,486 in back wages and damages shows how powerful documentation and persistence can be. This piece breaks down what that ruling means for caregivers in 2026 and gives practical, step-by-step tools to document off-the-clock work, assert overtime rights, and pursue back wages or workplace change.

The Wisconsin ruling — the headline you need to know

In late 2025 a federal court entered a consent judgment against North Central Health Care (NCHC) and affiliated counties after a U.S. Department of Labor (DOL) Wage and Hour Division investigation. The department found that 68 case managers were performing unrecorded hours between June 17, 2021 and June 16, 2023 — and were not paid the required overtime under the Fair Labor Standards Act (FLSA). The judgment required NCHC to pay $81,243 in back wages and an equal amount in liquidated damages.

“The Department of Labor found case managers were working unrecorded hours and not receiving time-and-a-half pay for hours over 40 in a workweek.”

Why this matters to caregivers everywhere: the DOL’s action is concrete proof that wage theft — especially in caregiving settings where off-the-clock work is common — can be investigated and remedied. It also highlights a few realities you should know in 2026:

• Enforcement is active. The Wage and Hour Division has ramped up investigations and settlements in recent years.
• Record-keeping matters. Employers must maintain accurate time records under the FLSA; failure can mean liability.
• Caregiving jobs are high-risk for unpaid work. Travel between sites, charting after hours, and task spillover are common reasons hours go unrecorded.

What is wage theft — and how it commonly looks in caregiving roles

Wage theft means an employer fails to pay wages owed, including unpaid overtime, unpaid minimum wage, or misclassifying employees as exempt to avoid overtime. For caregivers and case managers, some common forms are:

• Charting, billing, or completing paperwork off the clock
• Travel time between client sites or home visits that isn’t compensated
• Being forced to sign timesheets that don’t reflect actual hours
• “On-call” duties that require response without pay
• Misclassification as an exempt employee when duties and pay structure do not meet the exemption tests

The legal basics caregivers should know (quick primer for action)

Use these points when deciding your next steps:

• Overtime rule: Under the FLSA, nonexempt employees must receive time-and-a-half for hours worked over 40 in a workweek.
• Record-keeping: Employers are required to keep accurate records of hours worked. If they don’t, courts often accept employee records and corroborating evidence.
• Statute of limitations: Federal claims under the FLSA are generally subject to a 2-year statute of limitations — 3 years if the violation was willful.
• Damages: Employees may recover unpaid wages and often liquidated damages equal to those wages if violations are willful.

Documenting off-the-clock work: a practical toolkit

Documentation is the heart of a successful claim. Here’s how to create a defensible record even if your employer’s systems fail.

Daily minimum log (use phone notes or a simple spreadsheet)

At the end of every shift, record the essentials. Keep entries short and consistent.

• Date
• Shift start/end (clocked times vs actual times)
• Off-the-clock tasks (e.g., charting — 20 min)
• Travel time between sites
• Breaks missed
• Evidence (email or message timestamps, screenshots, app logs)

Sample log entry (brief)

2026-01-10: Shift 8:00–5:00 (clocked 8:05–4:55). Charting: 30 mins after shift (5:00–5:30) via agency portal; screenshot saved 5:31 pm. Travel between clients 11:30–12:00, unpaid. Missed lunch break.

Preserve digital evidence

• Take screenshots of time entries, messages telling you to complete tasks, and app timestamps.
• Save emails and calendar invites showing appointments and work expectations.
• Export or screenshot scheduling apps and GPS logs if they show travel times tied to work.

Use technology to your advantage — cautiously

By 2026, more caregiving employers use apps and GPS for scheduling. You can also use simple tools to protect yourself:

• Phone-based time trackers (manual entries with timestamps)
• Voice memos immediately after completing unpaid work
• Automatic screenshots or journaling apps (ensure you’re complying with workplace policies)

Step-by-step: How to pursue back pay or workplace change

Below is a practical path you can follow. You don’t have to do every step, but documenting them strengthens any later complaint.

1. Start documenting now. Even if the unpaid work happened months ago, begin a consistent log immediately. Keep copies in multiple places (personal email, cloud storage, printed folder).
2. Raise the issue internally. Send a concise email to your supervisor and HR with dates/times and a polite request for correction. Use the sample language below.
3. Request corrected pay stubs. If you suspect underpayment, ask HR for detailed pay stubs and time records for the relevant pay periods.
4. Gather witnesses. Co-workers, clients, or supervisors who can corroborate your hours add weight to your documentation.
5. Contact state labor agency or the DOL Wage and Hour Division. If internal routes fail, file a complaint. The DOL investigates and can secure back wages and liquidated damages as in the Wisconsin case.
6. Consider legal counsel or legal aid. For class claims or when large sums are involved, an employment lawyer can advise on private lawsuits and collective actions.
7. Explore collective options. If multiple employees are affected, organizing a group complaint or consulting a union can increase leverage.

Sample email to HR (short & professional)

Subject: Request to Review Time Records — [Your Name] — [date range]

Hi [HR name],

I’m writing to request a review of my time records for the pay periods covering [dates]. I have documented several instances of off-the-clock work (charting and travel time) that I believe were not recorded. Attached are my logs and screenshots. Please advise next steps to correct my time records and pay any owed wages. Thank you for your help.

When to contact the Department of Labor (and what to expect)

If your employer does not respond or refuses to correct records, the DOL Wage and Hour Division is the federal agency that enforces FLSA protections. In recent years — including late 2025 into 2026 — the DOL increased resources for investigating wage theft, resulting in higher settlement amounts and more enforcement activity.

What happens after you file a complaint:

• DOL may contact you for documentation and may interview you and co-workers.
• An investigation can take weeks to months depending on scope.
• Outcomes include negotiated back pay, consent judgments (like the Wisconsin case), or referral to federal court.

What the Wisconsin decision teaches about building a strong case

There are concrete lessons caregivers should take from the NCHC settlement:

• Group claims are powerful. Collective documentation from multiple employees strengthened the DOL’s investigation.
• Records (or the absence of them) matter legally. When employers fail to keep accurate time records, courts and the DOL often accept employee evidence.
• Remedies can include liquidated damages. That meant employees received double the unpaid wages in the Wisconsin result — a reminder that the law can provide meaningful compensation.

2026 trends caregivers should watch

As you plan self-advocacy, keep these developments in mind:

• Higher DOL focus on healthcare and caregiving sectors. Agencies are prioritizing industries where off-the-clock tasks are common.
• Digital evidence is central. App timestamps, GPS data, and secure screenshots are now commonly used in investigations and lawsuits.
• Hybrid and mobile work complicates tracking. Travel between clients and remote documentation means time tracking must be explicit and enforced by employers.
• AI and analytics. Employers may use scheduling AI; employees should keep contemporaneous records and retain copies of schedules and algorithmic decisions that affect hours.

Legal resources and where to get help

Start with these resources:

• U.S. Department of Labor, Wage and Hour Division (WHD) — file a complaint or find your regional office.
• State labor or workforce agencies — many states have their own wage claim processes.
• Legal aid organizations — free or low-cost help for low-income workers.
• Local employment law attorneys — for private suits, class actions, or complicated claims.
• Worker centers and unions — can help organize co-workers and amplify complaints.

Self-advocacy tips for caregivers who are juggling everything

Advocating for fair pay doesn’t require giving up the mental bandwidth you need for patients and family. Try these practical habits:

• Keep a 60-second end-of-shift habit: quick log entry + screenshot of any incomplete tasks.
• Set a weekly 15-minute documentation review to compile entries and send any internal requests.
• Find one trusted colleague to coordinate with — group records are stronger and emotionally sustaining.
• Use templates for communications so you don’t spend downtime composing messages.

Emotional and practical self-care while you pursue a claim

Fighting for fair pay can be draining. Protect your wellbeing:

• Lean on peers for support and to corroborate facts.
• Set boundaries around how many unpaid tasks you’ll do going forward while the issue is unresolved.
• Access community resources for short-term financial support if needed.

Realistic timelines and outcomes

An internal HR resolution might take days to weeks. A DOL investigation or federal litigation can take months. But the Wisconsin settlement shows timelines can end with meaningful pay and deterrence. Expected outcomes include corrected pay, back wages, liquidated damages, and sometimes changes to payroll and record-keeping practices.

Quick checklist: What to do this week

• Start the daily log — save it in email and cloud storage.
• Screenshot recent unpaid tasks and timestamps.
• Email HR with a short, factual request for records and corrections.
• Talk to one trusted co-worker about coordinating documentation.
• Find your local DOL Wage and Hour Division office and bookmark the complaint page.

Final thoughts: Your work is valuable — your pay should reflect it

The 2025–2026 increase in enforcement and settlements shows the law can and does protect caregivers when employers short-change them. You don’t need to be a legal expert to document your hours and assert your rights — you need consistency, simple records, and a willingness to ask for correction. Use the Wisconsin case as proof that employers can be held accountable and that back pay is attainable.

Ready to take the next step? Start a documentation habit today, share this article with a co-worker, and consider filing a complaint or speaking with legal aid if you suspect wage theft. If you want templates, sample logs, and an HR email pack crafted for caregivers, sign up for our Life & Career Balance toolkit at hers.life — and join fellow caregivers who are turning invisible work into visible pay.

Call to action: Document one unpaid task right now, send a brief email to HR with your request for reviewed records, and bookmark the DOL Wage and Hour Division page for your region. You’re not just protecting your paycheck — you’re helping change a system that often undervalues caregiving work.

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