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Aetna, Inc.

Isett v. Aetna Inc. Court File No. 3:14-cv-01698-RNC (D. Conn.)

On November 14, 2014, we filed a lawsuit on behalf of Appeals Nurse Consultants and Appeals Examiners against Aetna Inc. The Complaint alleges that Aetna misclassified nurses as exempt from overtime and, as such, did not pay them overtime wages when they worked more than 40 hours in a workweek. According to the Complaint, Appeals Nurse Consultants and Appeals Examiners do not satisfy any of the exemptions permitted under the Fair Labor Standards Act (FLSA). We seek to recover for these nurses unpaid overtime compensation, liquidated damages, and other statutorily-permitted relief.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

This case was brought on behalf of, who worked for Aetna, but were not paid overtime wages. If you worked for Aetna as an Appeals Nurse Consultants, Appeals Examiners, or employee performing similar job duties at any time during the last three years and were not paid overtime wages when you worked more than 40 hours in a week, then you may have a claim.

Additional Information

Which Locations Are Included?

This case includes Appeals Nurse Consultants, Appeals Examiners, and employees performing similar job duties for Aetna Inc. anywhere across the country.

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows an employee to recover unpaid wages for overtime hours worked within two years of the employee signing up to join the lawsuit. If we can prove that Aetna willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

You do not have to pay anything to our firm if you join the lawsuit. 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 a final judgment, and that payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime?

You do not need to have records of your work hours to participate in this case. If your 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 may have of your hours worked through this lawsuit.

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 against your employer. If you currently work for Aetna and you believe you may be the victim of retaliation for joining or participating in 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?

Right now, we are hoping to talk to as many Aetna Appeals Nurse Consultants as possible to learn more about the case. If you have information regarding Appeals Nurse Consultants at Aetna, you can contact the case clerk, Dan Burnett, at dburnett@nka.com or 612-256-3219.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Dan Burnett, at dburnett@nka.com or 612-256-3219.

Case Updates

  • October 29, 2019

    Aetna, Inc. Case Update

    The Court ruled in favor of Aetna Life Insurance’s motion for summary judgment in September of 2018 and denied the Plaintiff’s motion. Since then, we have been working to fully brief the legal issues. The appeal is full briefed and a hearing date for oral argument is set for Thursday, October 31st in New York with the Second Circuit Court of Appeals. A written decision will typically follow oral argument between two to six months, although this is an informal timeline.

  • March 15, 2019

    Aetna, Inc Update

    On October 20, 2018, Nichols Kaster, PLLP filed a Notice of Appeal to the Second Circuit for the September 30th, 2018 Order granting Aetna Life Insurance’s motion for summary judgement and denying the Plaintiff’s motion.  Since then, our office has been working with Adam Hansen of Apollo Law to fully brief the legal issues on appeal.  Our first brief was filed with the Second Circuit on February 27th, 2019. Aetna’s responsive brief is due on May 10, 2019.  The appeal will not be fully briefed until this summer.  Once fully briefed, the Second Circuit will set a hearing date.  We’ll continue to provide updates as the appeal process moves along.

  • June 28, 2017

    Aetna Inc. – Unpaid Overtime Lawsuit - Update June 28, 2017

    Both parties have filed their motions for summary judgment on the questions of whether or not the named plaintiff is individually entitled to overtime pay for work she performed as an appeals nurse consultant. The motions were fully briefed as of June 14, 2017, and we are now waiting for the court to rule on these pending motions.

  • February 17, 2017

    Aetna Inc. – Unpaid Overtime Lawsuit - Update February 17, 2017

    The judge in our case recently decided to delay ruling on our motion for conditional certification, which would allow us to send notice of the lawsuit to other appeals nurse consultants so they may join; instead, the judge will be addressing whether the named plaintiff, or the person who originally brought the case, is individually entitled overtime pay for work she performed as an appeals nurse consultant. The parties will be submitting briefs on this issue to the judge starting in March.

  • November 18, 2014

    Appeals Nurse Consultant Represented by Nichols Kaster, PLLP Files Collective Action Overtime Lawsuit Against Aetna Inc.

    On November 14, 2014, an Aetna Inc. employee filed a lawsuit in the United States District Court for the District of Connecticut to recover unpaid overtime wages from her employer. Aetna is one of the nation’s largest publicly traded health and supplemental benefits companies, providing health insurance benefits under health maintenance organization (HMO), Private Fee-For-Service (PFFS), and preferred provider organization (PPO) plans.

    The Plaintiff brought her case on behalf of herself and other appeals nurse consultants and appeals examiners who worked for Aetna in offices across the country. In the complaint, she alleges that Aetna misclassified her and her co-workers as exempt employees, denying them of overtime compensation. According to the complaint, appeals nurse consultants do not satisfy any of the exemptions permitted under the Fair Labor Standards Act.

    Plaintiff’s attorney Rachhana T. Srey of Nichols Kaster, PLLP explains, “Appeals nurse consultants like Plaintiff work a lot of overtime hours and perform duties that legally entitle them to extra pay for these hours. Employers like Aetna cannot deny employees of their legal rights simply by paying them a salary.”

    Plaintiffs are represented by Rachhana T. Srey and Rebekah L. Bailey of Nichols Kaster, PLLP, and David M. Blanchard of Nacht, Roumel, Salvatore, Blanchard & Walker, P.C. The case is entitled, Isett v. Aetna Inc., 3:14-cv-01698-RNC (District of Connecticut).

    Additional information about how appeals nurse consultants may make a claim in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

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