Hourly WellNow Urgent Care patient-care staff in New York, Illinois and Pennsylvania who received a settlement notice have to send back the Claim Form by November 25, 2026 — because in this $1.64 million wage settlement, an unclaimed share goes back to WellNow, not to co-workers. The roughly 2,681 workers who already opted in to the federal overtime collective are the exception: they are paid without filing.
Status: Claims open; final approval hearing December 16, 2026 | Claim deadline November 25, 2026 (postmarked or received) | Opt out, object or dispute pay periods by November 25, 2026 | Points-based share of $1,640,000
The Pay Practices Being Challenged
WellNow Urgent Care, P.C. operates urgent care, telehealth and occupational medicine clinics. In Sears et al. v. WellNow Urgent Care, P.C., Case No. 1:23-cv-03544, filed June 6, 2023 in the U.S. District Court for the Northern District of Illinois, Eastern Division, hourly workers allege that WellNow violated the Fair Labor Standards Act (FLSA) and the wage laws of Illinois, New York and Pennsylvania in three ways:
- automatic meal-period deductions;
- an automatic time-rounding policy; and
- leaving certain bonus payments out of the regular rate used to calculate overtime.
WellNow denies all of the claims and any liability or wrongdoing, and the settlement is not an admission that its pay practices broke any law. No court has ruled on the merits.
The case has a long history. In July 2024 the court conditionally certified a nationwide FLSA collective of patient-care employees who had a meal-period deduction or were subject to time rounding since June 6, 2020. About 7,200 hourly employees were notified in February 2025, and roughly 2,681 opted in. The parties mediated in July 2025, reached an agreement in principle on March 19, 2026, and filed the settlement agreement with the court on July 28, 2026. Simpluris is the administrator.
Opt-In Plaintiff or State Class Member?
The settlement covers non-exempt, hourly WellNow employees with direct patient care duties. The agreement names licensed practical nurses, X-ray technicians, clinic shift leads, medical assistants and other patient care staff. Membership is controlled by the list WellNow supplied from its records; someone not on it is not a class member unless the parties agree or the court orders otherwise.
There are four state classes, each running through the date the court granted preliminary approval:
| New York Class | Hourly, non-exempt employees who worked in New York from June 6, 2017. |
| Illinois Minimum Wage Law (IMWL) Class | Hourly employees in Illinois from June 8, 2023. |
| Illinois Wage Payment and Collection Act (IWPCA) Class | Hourly employees in Illinois who clocked out for a meal break or whose clock-in and clock-out times were automatically rounded, from June 8, 2016. |
| Pennsylvania Class | Hourly employees who worked in, or were based out of, Pennsylvania from June 8, 2023. |
Separately, the opt-in plaintiffs who already joined the FLSA collective share in the fund no matter which state they worked in. A person who is both an opt-in plaintiff and a state class member receives a notice explaining both.
How the Points System Splits the Fund
The $1,640,000 gross fund first pays attorneys’ fees of up to 35% of the fund plus litigation costs, service payments of $5,000 to each of the three named plaintiffs, and the administrator’s costs, all subject to court approval. The remainder, the net settlement fund, is divided by points:
- Opt-in plaintiffs earn two points for each pay period worked as an hourly employee at a WellNow location from June 6, 2020 through the preliminary approval date.
- State class members earn one point for each pay period worked as an hourly employee in their state during that state’s class period.
The administrator divides the net fund by total points to get a value per point, then multiplies by each person’s points. Every notice lists the number of pay periods WellNow’s records show for that person and an estimated dollar amount. The notice says the actual payment may be higher or lower, and payments are subject to the withholdings it describes.
The Claims-Made Catch
This is a claims-made settlement. A state class member who is not an opt-in plaintiff and does not return a timely Claim Form gets nothing, and that person’s allocated share stays with WellNow rather than being redistributed to the people who did file. The same is true of any settlement check not cashed within 150 days.
Doing nothing also has a cost beyond the lost payment. A state class member who neither files nor excludes themselves still releases the state-law claims covered by the settlement, though that person keeps their FLSA claims.
Filling Out the Claim Form
No receipts, pay stubs or time records are needed. The Claim Form asks for your name, any other name you used while working at WellNow, the last four digits of your Social Security number, home address, telephone number and email address, plus your signature and the date. The blank form has no field for a notice ID or PIN.
By signing, you declare under penalty of perjury that you received the notice and are a class member, consent to join the FLSA collective, and release the covered federal and state wage claims. Return the form in the enclosed envelope, or scan it and email it to the administrator as the notice directs, so it is postmarked or received by November 25, 2026. The notice gives no time of day. Copies of the Claim Form and notices, and the administrator’s contact options, are on the official Sears WellNow Settlement website.
If the number of pay periods on your notice looks wrong, mail the administrator a description of the dispute with supporting documentation such as pay stubs, postmarked by November 25, 2026. If you are not an opt-in plaintiff you must also return a timely Claim Form. WellNow’s records are presumed accurate, and the administrator’s decision is final.
The agreement allows an extra 15 days for a class member the administrator determines never received the original notice, or could not file in time because of a change of address, military service, hospitalization or similar circumstances.
Excluding Yourself or Objecting
Exclusion is the only way to keep the right to sue WellNow separately over these claims, and it means no payment. Send the administrator a signed written request stating, “I exclude myself from the WellNow Class Action settlement. I affirm that I was an employee of WellNow,” with your full name, address and telephone number, by November 25, 2026. The notice warns against submitting both a Claim Form and an exclusion request.
To object, file a written objection with the court and mail copies to class counsel and WellNow’s counsel by November 25, 2026, including the words “I object to the WellNow Class Action settlement” and the other items listed in Section III of the notice. Anyone who excludes themselves cannot object.
Hearing and Payment Timing
Judge John F. Kness will consider final approval, the fee request and the service payments on December 16, 2026 at 1:30 p.m. in Courtroom 2125 in Chicago. The hearing may be postponed without further notice, and class members do not need to attend. WellNow may withdraw if more than 10% of class members exclude themselves.
If the court approves and no appeal is filed, the administrator mails checks within 35 days after the settlement’s effective date. An appeal would delay payment until it is resolved, which the notice cautions could take more than a year. No payment date had been announced as of September 30, 2026. OpenClassActions.com covers the case on its WellNow Urgent Care wage settlement page.
Frequently Asked Questions
I already opted in to the WellNow lawsuit. Do I need to return a Claim Form?
No. Opt-in plaintiffs, the roughly 2,681 workers who joined the FLSA collective after notice went out in February 2025, do not need to file. Their share is calculated from WellNow’s payroll records and paid after final approval unless they exclude themselves.
What happens to my share if I do not file?
If you are a state class member and not an opt-in plaintiff, your allocated share stays with WellNow. It is not redistributed to other claimants. Money from checks not cashed within 150 days also goes back to WellNow.
Do I need pay stubs to file a WellNow claim?
No. The Claim Form asks for your name, any other name used at WellNow, the last four digits of your Social Security number, address, phone, email, signature and date. Documentation is needed only if you dispute the number of pay periods on your notice.
How is the WellNow wage settlement payment calculated?
By points. Opt-in plaintiffs earn two points per pay period worked from June 6, 2020 through preliminary approval; state class members earn one point per pay period in their state’s class period. The net fund is divided by total points and multiplied by each person’s points.
Does the settlement mean WellNow broke wage laws?
No. WellNow denies all of the claims and any liability or wrongdoing, the settlement is not an admission, and no court has ruled on whether the pay practices violated the law.
Sources
- Official settlement website, Important Documents and Important Dates pages — Sears WellNow Settlement, administered by Simpluris, Inc.
- Class and Collective Action Settlement Agreement (ECF No. 212-1, filed July 28, 2026), Claim Form and Notice of Proposed Class Action Settlement in Sears et al. v. WellNow Urgent Care, P.C., Case No. 1:23-cv-03544, U.S. District Court for the Northern District of Illinois, Eastern Division.
- OpenClassActions.com — WellNow Urgent Care $1.64M Wage Settlement.
Source and credit: the settlement terms, deadlines and benefit details described above are drawn from our sister site’s reporting — OpenClassActions.com: WellNow Urgent Care $1.64M Wage Settlement — which tracks this case against the court-approved notice and the official settlement website and is updated as the court rules.
Legal Disclaimer
This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm and not the settlement administrator, and is not affiliated with any party to the case described. The allegations are allegations; unless a court has ruled, the defendants deny wrongdoing and no court has decided the merits. Deadlines, benefit amounts and payment timing can change as the court and the administrator act, so confirm current status on the official settlement website. You never need to pay anyone to file a claim or to receive a settlement payment.