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The Anthem Companies, Inc.

Canaday et al. v. The Anthem Companies, Inc.
Court File No. 1:19-cv-01084 (Western District of Tennessee)

On May 7, 2019, our law firm filed a case against The Anthem Companies, Inc. (“Anthem”) in the Western District of Tennessee on behalf of Utilization Management Nurses, Utilization Review Nurses, Medical Management Nurses, Nurse Reviewers, Nurse Reviewer Associates, and similar positions. The Named Plaintiff seeks overtime pay on behalf of herself and all other similarly situated nurses who worked for Anthem, or for one of its subsidiaries, in any location across the country. The Complaint alleges that Utilization Management Nurses, Utilization Review Nurses, Medical Management Nurses, Nurse Reviewers, Nurse Reviewer Associates, and similar positions 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. 

Anthem is a parent company to or otherwise affiliated with many other health insurance plans across the nation. These companies include but may not be limited to:

  • Anthem Blue Cross Blue Shield
  • Anthem Blue Cross
  • Empire BlueCross BlueShield
  • Anthem Life Insurance
  • America’s 1st Choice
  • Amerigroup
  • Aspire Health
  • CareMore
  • Freedom Health
  • HealthLink
  • HealthSun
  • Optimum HealthCare
  • Simply Healthcare
  • UniCare.

The case was filed as a collective action under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b).  The Plaintiffs seek unpaid overtime compensation and double damages.

Type of Case

Unpaid Overtime

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Am I eligible?

If you worked over forty (40) hours per week for Anthem or any subsidiary included but not limited to the above list within the past three years as a Utilization Management Nurse, Utilization Review Nurse, Medical Management Nurse, Nurse Reviewer, Nurse Reviewer Associate, or in a similar position, and you were paid a salary, you may be eligible to make a claim for unpaid overtime compensation. 

Additional Information

How Do I Join This Case?

To join others in making a claim for overtime compensation under federal law, you must complete a Plaintiff Consent form.  This form will be filed with the Court. To complete and submit the form electronically, click here.

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.

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 I Worked Overtime?

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 us immediately.

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 know of any Utilization Management Nurses, Utilization Review Nurses, Medical Management Nurses, Nurse Reviewers, Nurse Reviewer Associates or nurses working in similar positions who may be interested in making a claim for unpaid overtime, please inform them that they should contact us to determine whether they may be eligible to make a claim.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Jacob Skold, at jskold@nka.com or call (612) 256-3226.

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