Anthem - New York

A:The deadline to make a claim in this case under the federal Fair Labor Standards Act has passed. However, you may still be eligible to make a claim under state law if you worked over forty (40) hours per week for Anthem or one of its subsidiaries in New York within the past six years as a Utilization Management Nurse, Utilization Review Nurse, Medical Management Nurse, or in a similar position, and you were paid a salary. If the Court certifies this case as a class action under New York state law, you will receive notice.

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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.

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 New York within the past three years as a Utilization Management Nurse, Utilization Review Nurse, Medical Management Nurse, 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 (40) hours per week for Anthem or any subsidiary in New York within the past six years as a Utilization Management Nurse, Utilization Review Nurse, Medical Management Nurse, or in a similar position, and you were paid a salary.

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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 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. The Court has conditionally certified the federal collective action, but because we are in the early stages of the case, the potential New York state class has not been certified yet. We intend to seek the company’s agreement or file motions at the appropriate time asking the Court to grant this certification. 

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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. The time limit under New York state law is within six years of the complaint filing date.

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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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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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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, Madeline Orozco, at (612) 256-3297 or morozco@nka.com.

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The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

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No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

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If you know of any Medical Management Nurses, Utilization Management Nurses, Utilization Review Nurses, 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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To learn more about this case feel free to contact the case clerk, Madeline Orozco, at (612) 256-3297 or morozco@nka.com.