On November 29, 2021, our law firm filed a case against The Anthem Companies, Inc. (“Anthem”) in the U.S. District of Northern Georgia, Atlanta division on behalf of Medical Management Nurses, Utilization Management Nurses, Utilization Review Nurses, Nurse Reviewers, Nurse Reviewer Associates, and similar positions. The Named Plaintiff seeks overtime pay and straight time wages on behalf of herself and all other similarly situated nurses who worked for Anthem, or for one of its subsidiaries, in the state of Georgia. The Complaint alleges that Medical Management Nurses, Utilization Management Nurses, Utilization Review 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.
The case was filed as a collective action under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b) The Plaintiff seeks unpaid overtime compensation and double damages.
This case is entitled Baker et al. v. The Anthem Companies, Inc. et al., Court File No. 1:21-cv-04866 (U.S. Northern District of Georgia)
Frequently Asked Questions
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Q:How Do I Join This Case?
A:
The deadline to make a claim in this case under the federal Fair Labor Standards Act has passed. If you have any questions or concerns, please direct them to the case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com.
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Q:Am I Eligible?
A:The collective in this case is defined as any individual who, at any time from November 29, 2018 through present day: (1) worked in Georgia for The Anthem Companies, Inc. (or one of its subsidiaries) in the Medical Management Nurse Family, (2) was paid a salary, (3) was treated as exempt from overtime laws, (4) worked/works over 40 hours during a week, and (5) was primarily responsible for performing medical necessity reviews.
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Q:What Time Frame Does This Case Cover?
A: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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Q:Do I Have to Pay Anything?
A: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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Q:How Do I Prove I Worked Overtime?
A: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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Q:What About Retaliation?
A: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 immediately.
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Q:How Long Will This Case Take?
A:The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Q:Is There Money Available Now?
A: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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Q:How Can I Help?
A:If you know of any Medical Management Nurses, Utilization Management Nurses, Utilization Review 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 the case clerk, Madeline Orozco, at (612) 256-3297 or morozco@nka.com to determine whether they may be eligible to make a claim.
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Q:How Do I Learn More?
A:To learn more about this case, feel free to contact the case clerk, contact the case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com.
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