On January 17, 2023, our law firm filed a case against The Elevance Health Companies Inc. f/k/a The Anthem Companies, Inc. and Amerigroup Corporation (collectively “Defendants”) in the United States District Court for the Eastern District of North Carolina on behalf of utilization reviewers in the Nurse Medical Management job title. The Named Plaintiff seeks overtime pay and straight time wages on behalf of herself and all other similarly situated reviewers who worked for Defendants in the state of North Carolina, alleging that Defendants violated the FLSA and North Carolina state law by misclassifying utilization reviewers in the Nurse Medical Management job title as salaried and failing to pay them overtime compensation for hours worked over 40 per week.
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 North Carolina state law. Plaintiff seeks unpaid overtime compensation and double damages.
This case is entitled Landis, et al. v. The Elevance Health Companies Inc. f/k/a The Anthem Companies, Inc. and Amerigroup Corporation, Court File No. 3:22-cv-00417 (U.S. Eastern District of North Carolina)
Case Updates
On December 20, 2023, the court granted our request to send out court-authorized notice to all individuals eligible to join this lawsuit for overtime against The Elevance Health Companies Inc., formerly known as The Anthem Companies Inc., and Amerigroup Corporation (“Defendants”). Specifically, the court authorized notice to all persons who are or have been employed by Defendants in North Carolina as utilization review nurses in a Nurse Medical Management job title who were paid a salary and treated as exempt from overtime laws, and whose primary job was to perform utilization reviews during the applicable statutory period. Notice should go out sometime in February and once it is distributed all eligible individuals will have 60 days to join this case. Importantly, even if an individual signed a severance agreement agreeing not to bring claims against the company, claims for overtime under the FLSA are not waivable pursuant to private agreement and thus those individuals are still eligible to join.
Please reach out to case clerk Tommy Navarre at (612) 256-3238 with any questions.
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!
-
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 Anthem or one of its subsidiaries in North Carolina in the Nurse Medical Management job title, and you were paid a salary. If the Court certifies this case as a class action under North Carolina state law, you will receive notice.
-
Am I Eligible?
We have defined the collective and class in this case as:
All persons who are or have been employed by Defendants in North Carolina as utilization review nurses in a Nurse Medical Management job title who are/were paid a salary and treated as exempt from overtime laws, and whose primary job is/was to perform utilization reviews during applicable statutory period.
-
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 Defendants 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, 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 Defendants.
-
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.
-
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.
-
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.
-
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.