On March 29, 2023, our law firm filed a case against The Elevance Health Companies Inc. f/k/a The Anthem Companies, Inc. in the United States District Court for the District of Maryland on behalf of Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses, and other similar positions. The Named Plaintiff seeks overtime pay on behalf of herself and all other similarly situated nurses who worked for Defendant in the state of Maryland. The Complaint alleges that Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses and similar positions were paid a salary and did not receive any overtime compensation for overtime hours worked as a result of Defendant’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 Rule 23 class action under Maryland state law. The Plaintiff seeks unpaid overtime compensation and liquidated and treble damages.
This case is entitled Kneppar, et al. v. The Elevance Health Companies Inc. f/k/a The Anthem Companies, Inc., Court File No. 8:23−cv−00863−MJM (District of Maryland)
Case Updates
April 3, 2024
On March 18, 2024, the Court granted our motion for conditional certification and court-authorized notice under the Fair Labor Standards Act, which allows us to send notice of the lawsuit to all individuals who worked as Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses, or in similar job titles for Elevance in Maryland in the last three years who were paid a salary and treated as exempt from overtime laws and were primarily responsible for performing medical necessity reviews. The notice provides these individuals with an opportunity to make a claim in this case for unpaid overtime compensation.
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Our FAQ
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Am I Eligible?
We have defined the collective in this case as:
All persons who worked as Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses, or in similar job titles who were paid a salary and treated as exempt from overtime laws and were primarily responsible for performing medical necessity reviews for Defendants in Maryland at any time since three years prior to the filing of this Complaint through judgment.
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How Do I Join This Case?
The deadline to make a claim in this case under the federal Fair Labor Standards Act has passed. However, you may still be eligible to make a claim under state law if you worked over forty (40) hours per week for Elevance or one of its subsidiaries in Maryland within the past three years as a Utilization Management Nurse, Utilization Review Nurse, Utilization Manager, Medical Management Nurse, or in a similar position, and you were paid a salary and treated as exempt from overtime laws. If the Court certifies this case as a class action under Maryland state law, you will receive notice.
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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 Defendant willfully violated the law, the statute of limitations may be extended to three years. The time limit under Maryland state law is within three years of the complaint filing date.
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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, 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 an employer 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 Defendant.
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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 Elevance/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 Can I Help?
If you have any information that may assist with this case, please contact our case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com.
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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 tnavarre@nka.com or call (612) 256-3238.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.