On Wednesday a class action case was filed in the Southern District of New York by Cai Guo and Wei Chen against Centene Corporation, Centene Management Company LLC, Wellcare Health Planes, and Comprehensive Health Management. The case is regarding time-shaving from recorded wage hours and unpaid overtime.
The plaintiffs, per the complaint, were employed by the defendants and worked under commission during the 2019-2020 enrollment period. As commissioned employees, the plaintiffs said they received a minimum quota goal in terms of work expected to be completed during normal working hours.
The plaintiffs argue that this quota was impossible to perform during normal working hours and required overtime work. However, if an employee requested overtime compensation, they were subject to review of their normal work hours and possible dismissal for failure to be sufficiently productive during normal work hours.
The plaintiffs also argue that during the open enrollment period, larger commissions were promised via official company notifications and correspondence than were actually paid to the commissioned workers. The plaintiffs argued that this change in the commission induced extra work and extra hours for the team than they received and was a bait and switch maneuver.
Plaintiffs are suing for violation of the Fair Labor Standards act, violation of New York Labor Law, violation of many states wage and hour laws, breach of contract, promissory fraud, negligent misrepresentation, and unjust enrichment. Plaintiff is represented by Lee Litigation Group.
