On October 14, 2021, our law firm filed a case against The Anthem Companies, Inc. (“Anthem”) in the U.S. District of Minnesota on behalf of Nurse Medical Management (“NMM”) utilization reviewers. The Named Plaintiff seeks unpaid overtime pay on behalf of herself and all other similarly situated NMMs who worked for Anthem, or for one of its subsidiaries, in the state of Minnesota. The Complaint alleges that NMMs were paid a salary and did not receive any overtime compensation for overtime hours worked as a result of Anthem’s unlawful practice of classifying them as exempt, salaried employees.
The case was filed as a collective action under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b), and as a class action under the Minnesota Payment of Wages Act (“MWPA”), Minn. Stat. § 181.101, and Minnesota Fair Labor Standards Act (“MFLSA”), Minn. Stat. § 177.25. The Plaintiff seeks unpaid overtime compensation and double damages.
This case is entitled Learing, et al. v. The Anthem Companies, Inc., et al., Court File No. 0:21-cv-02283 (U.S. District of Minnesota).
Case Updates
November 14, 2024
On July 8, 2024, notice was distributed to eligible members of the certified Minnesota state law class action. The notice period is complete. The next step will be a trial on the remaining issues of whether Anthem willfully violated the law, whether Plaintiff and other NMMs worked unpaid overtime hours, and the amount of overtime pay that may be owed.
April 10, 2024
On March 22, 2024, the Honorable Jerry W. Blackwell of the U.S. District Court for the District of Minnesota issued an order finding that all utilization reviewers employed by Anthem in the Nurse Medical Management (“NMM”) position in Minnesota during the relevant time period are non-exempt and eligible to be compensated for unpaid overtime worked as a matter of law. The Court further found that Anthem did not act in good faith in misclassifying NMMs as ineligible for overtime and thus has awarded what are known as “liquidated,” or double, damages. The Court further certified a Rule 23 class under Minnesota state law, allowing notice to go out to everyone who was employed by Anthem in the utilization review nurse position at issue during the relevant period in Minnesota. The Court has not yet ruled on whether Anthem willfully violated the law, whether Plaintiff and other NMMs worked unpaid overtime hours, or the amount of overtime pay that may be owed. The next steps in the litigation will include distribution of the Rule 23 class notice and a trial on the remaining issues.
November 17, 2023
The Court held a hearing on the parties’ summary judgment and certification/decertification motions in August 2023. We are waiting for the Court to issue a decision on the motions. We do not know how quickly the Court will rule, but we will let you know as soon as it does.
If you have any questions or need to update your contact information, please contact Tommy Navarre at tnavarre@nka.com.
June 12, 2023
After engaging in extensive written discovery and depositions, the parties have filed several motions now pending before the Court. Both parties have moved for summary judgment, arguing that, based on the discovery that was conducted, the case does not need to go to trial because we win as a matter of law. We have also moved for class certification as to the Minnesota state law claims in this case, and Anthem has moved for decertification of the federal Fair Labor Standards Act (“FLSA”) collective. All four of these motions have been fully briefed, and the Court will hold a hearing on these motions on August 7, 2023. Additionally, a mediation with Anthem is scheduled for July 14 to discuss settlement.
If you have any questions or need to update your contact information, please contact Tommy Navarre at tnavarre@nka.com.
March 4, 2022
On February 28, 2022, the Court granted our motion for conditional certification under the Fair Labor Standards Act, which allows us to send a Notice of Lawsuit to all individuals who worked as a medical management nurse, utilization review nurse, utilization management nurse, or in a similar position for Anthem in Minnesota in the last three years and provide them with an opportunity to make a claim in this case for unpaid overtime compensation.
Attorneys
Staff
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 877-344-4628 today!
-
Am I Eligible?
Because this lawsuit arises under both federal and state law, you may have a qualifying federal law claim, state law claim, or both federal and state law claims.
Please see the “Additional Information” section for specific details about whether you are eligible to make a claim.
-
Is This a Class Action? What Does that Mean?
This case is both a collective action under federal law and a class action under Minnesota state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.
Although the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. To proceed as a group though, the Court must certify the class and/or collective. At this stage of the case, the Court has certified both the collective under federal law and the class under state law.
-
Do I Have a Qualifying Federal Law Claim?
The period to join this case under the federal Fair Labor Standards Act has passed.
-
Do I Have a Qualifying State Law Claim?
You may be eligible to make a claim under state law if you worked over forty-eight (48) hours per week for Anthem or any Anthem subsidiary in Minnesota between October 14, 2018 and the present in an NMM role and you were paid a salary. Notice of the state law class action has already been distributed to individuals who are eligible class members based on Anthem’s records.
-
What Time Frame Does This Case Cover?
There is a time limit under the federal law and state law called a statute of limitations that allows an employee to recover unpaid wages for hours worked within two years of joining by filing a consent form. If we can prove Anthem willfully violated the law, the statute of limitations may be extended to three years.
-
Do I Have to Pay Anything?
No, you will not have to pay us anything out of your own pocket. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award.
-
How Do I Prove the Overtime Hours I Worked?
If you have records relating to your work with Anthem, please keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim. If Anthem did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours. We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Anthem.
-
What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for Anthem and you believe you may be the victim of retaliation for joining this lawsuit, contact the case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com.
-
How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.