On June 3, 2022, our law firm filed a case against The Anthem Companies, Inc. Anthem Health Plans of Virginia, Inc. d/b/a Anthem Blue Cross and Blue Shield and Amerigroup Corporation (“Anthem”) in the U.S. District of Eastern Virginia on behalf of Nurse Medical Management (“NMM”) utilization reviewers. The Named Plaintiffs seek unpaid overtime pay on behalf of themselves and all other similarly situated NMMs who worked for Anthem, or for one of its subsidiaries, in the state of Virginia. 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 Virginia Overtime Wage Act (“VOWA”). The Plaintiff seeks unpaid overtime compensation, double damages under federal law, treble damages under state law, pre-judgment and post-judgment interest, and all other appropriate relief.
Midkiff, et al. v. The Anthem Companies, Inc., Anthem Health Plans of Virginia, Inc. d/b/a Anthem Blue Cross and Blue Shield and Amerigroup Corporation
Court File No. 3:22-cv-00417 (U.S. Eastern District of Virginia)
Case Updates
November 1, 2024
The Anthem Companies (VA) Case Update
On September 5, 2024, the Court certified this case as a class action under the Virginia Overtime Wage Act (VOWA). Notice of the class action will be distributed to eligible individuals on November 13, 2024.
August 23, 2023
The Anthem Companies (VA) Case Update
We recently amended the Complaint in this case to add a Rule 23 class for unpaid overtime under Virginia Overtime Wage Act. Given the addition of the Rule 23 class, the parties have agreed to extend discovery until the end of September. The deadline for dispositive motions is now set for October 27, 2023.
February 1, 2023
The Anthem Companies (VA) Case Update
A notice of the lawsuit was sent to all eligible individuals on December 2, 2022. The deadline to join the case was January 30, 2023. A total of 21 individuals joined the case. The case is progressing quickly, with the parties currently exchanging information and the trial set for June 20, 2023. If you have any questions, please contact the case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com.
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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!
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How Do I Join This Case?
On September 5, 2024, the Court certified a class of individuals under the Virginia Overtime Wage Act who: (1) worked/works in Virginia for Anthem, Inc. (or one of its subsidiaries) in the Nurse Medical Management I, II, and/or Senior job title; (2) was/is paid a salary, (3) was/is treated as exempt from overtime laws, (4) worked/works over forty (40) hours during any week, and (5) was/is primarily responsible for performing medical necessity reviews at any time since July 1, 2021. All NMMs fitting this definition will receive notice of the Rule 23 action.
The deadline to join this case under the federal Fair Labor Standards Act has already passed.
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What Time Frame Does This Case Cover?
There is a time limit under the federal 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.
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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.
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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.
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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 us immediately.
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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.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.
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How Do I Learn More?
To learn more about this case feel free to contact the case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.