Winifred Midkiff filed a collective action complaint against The Anthem Companies Inc. and AmeriGroup Corporation, alleging that the companies violated the Fair Labor Standards Act (FLSA).
According to the complaint, the defendants neglected to keep accurate records of employee’s overtime hours in order to deprive them of due compensation. Despite working well over their salaried 40 hour workweek, the plaintiff, a nurse, and coworkers said they were not paid overtime by the defendants.
The putative class seeks to cover “Medical Management Nurses, Utilization Management Nurses, Utilization Review Nurses, Nurse Reviewers, Nurse Reviewer Associates” and those who worked in similar salaried roles in the past three years in Virginia.
Allegedly, many employees had to work overtime because the defendants required their employees to stay at the job until they had fulfilled all their responsibilities and meet productivity standards. The complaint states that the defendants should have been aware of the overtime hours their employees were working because the plaintiff and others complained about working overtime.
The plaintiff seeks the following relief: a designation of the action as a class action, a finding that the class members are protected under the FLSA, a finding that the defendants violated the FLSA, and an award of damages and costs.
The plaintiff is represented by Butler Curwood PLC.
