On June 18, 2025, our law firm filed a case against EmblemHealth Services, LLC (“EmblemHealth”) in U.S. District Court, for the Southern District of New York, on behalf of salaried utilization review nurses assigned the following job titles: Care Managers, Utilization Management Nurses, and/or Utilization Review Nurses. The Named Plaintiff seeks overtime pay on behalf of herself and all other similarly situated utilization review nurses who worked for EmblemHealth anywhere in the country. The Complaint alleges that EmblemHealth violated federal and state law by failing to pay its salaried utilization review nurses overtime pay for their overtime hours worked.
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 New York Labor Law, Article 19 §§ 650, et seq., and the supporting New York State Department of Labor regulations. The Plaintiff seeks unpaid overtime compensation, double damages, and other applicable penalties.
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Frequently Asked Questions
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Is This a Class Action? What Does that Mean?
This case is both a potential collective action under federal law and a potential class action under New York state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.
Although the process and terminology may differ slightly, the idea behind both a class and collective action are similar: it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. To proceed as a group though, the Court must certify the class and/or collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate time asking the Court to grant these certifications.
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Am I Eligible?
Because this lawsuit arises under both federal and state law, you may have a qualifying federal law claim, state law claim, or both federal and state law claims depending on when you worked for EmblemHealth in a relevant position and where you worked.
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Do I Have a Qualifying Federal Law Claim?
You may be eligible to make a claim under federal law if you worked over forty (40) hours per week for EmblemHealth within the past three years as a Care Manager, Utilization Review Nurse, Utilization Management Nurse, or in a similar position, and you were paid a salary.
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Do I Have a Qualifying State Law Claim?
You may be eligible to make a claim under New York state law if you worked over forty (40) hours per week for EmblemHealth in New York within the past six years as a Care Manager, Utilization Review Nurse, Utilization Management Nurse, or in a similar position, and you were paid a salary.
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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.
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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 EmblemHealth willfully violated federal law, the statute of limitations may be extended to three years. The time limit under New York state law is within six 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 the hours you worked with EmblemHealth, 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 EmblemHealth 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 EmblemHealth.
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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 EmblemHealth 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 two 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 know of any salaried utilization review nurses working as either a Care Manager, Utilization Review Nurse, Utilization Management Nurse, or others in a similar position who may be interested in making a claim for unpaid overtime, please inform them that they should contact the case clerk, Tommy Navarre, at (612) 256-3238 or tnavarre@nka.com to determine whether they may be eligible to make a claim.
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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.