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Employment

The Anthem Companies, Inc. (Minnesota)

Learing et al. v. The Anthem Companies, Inc
Court File No. 0:21-cv-02283 (U.S. District of Minnesota)

On October 14, 2021, our law firm filed a case against The Anthem Companies, Inc. (“Anthem”) in the U.S. District of Minnesota 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 Minnesota. 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) and as a class action under the Minnesota Payment of Wages Act (“MWPA”), Minn. Stat. § 181.101, and Minnesota Fair Labor Standards Act (“MFLSA”), Minn. Stat. § 177.25. The Plaintiff seeks unpaid overtime compensation, straight time wages, and double damages.

Type of Case

Unpaid Overtime

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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.

Please see the “Additional Information” section for specific details about whether you are eligible to make a claim.

Additional Information

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 Minnesota 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 is the same: 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.

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 Anthem or any subsidiary in Minnesota 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.

Do I Have a Qualifying State Law Claim?

You may be eligible to make a claim under state law if you worked over forty-eight (48) hours per week for Anthem or any subsidiary in Minnesota 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.

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 the Overtime Hours I Worked?

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 the case clerk, Christina Houston, at (612) 256-3238 or chouston@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 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, Christina Houston, at (612) 256-3238 or chouston@nka.com 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, Christina Houston, at chouston@nka.com or call (612) 256-3238.

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