On Wednesday a class action was filed in the Southern District of New York against the Anthem Companies, Inc. The complaint alleges violation of the Fair Labor Standards Act (FLSA) and New York Labor Law.
The plaintiff was employed by the defendant as a Utilization Review Nurse. In this role, the plaintiff and other members of the class reviewed medical records submitted by medical providers against pre-determined guidelines and criteria for insurance coverage and payment purposes.
The plaintiff argued that the work routinely occupied more than 40 hours a week and could hit 60 hours a week to keep up with the necessary workload based on the number of utilization requests and the number of workers available to review the requests. The plaintiff also argues that the plaintiff wrongfully classified the members of the class as exempt employees and knew that the employees were routinely working more than their scheduled work hours to meet demand.
Plaintiffs are suing for violation of the FLSA, including failure to document hours and failure to pay overtime, and for violations of New York Labor Law. Plaintiff is represented by Nichols Kaster PLLP.