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Employment

The Elevance Health Companies Inc. (North Carolina)

Landis, et al. v. The Elevance Health Companies Inc. f/k/a The Anthem Companies, Inc., Anthem Health Plans of North Carolina, Inc. d/b/a Anthem Blue Cross and Blue Shield and Amerigroup Corporation
Court File No. 3:22-cv-00417 (U.S. Eastern District of North Carolina)

On January 17, 2023, our law firm filed a case against The Elevance Health Companies Inc. f/k/a The Anthem Companies, Inc. and Amerigroup Corporation (collectively “Defendants”) in the United States District Court for the Eastern District of North Carolina on behalf of Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses, and other 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 Defendants in the state of North Carolina. The Complaint alleges that Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses and similar positions were paid a salary and did not receive any overtime compensation for overtime hours worked as a result of Defendants’ 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.

Type of Case

Unpaid Overtime

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Am I eligible?

We have defined the collective in this case as:

All persons who worked as Medical Management Nurses, Utilization Management Nurses, Utilization Managers, Utilization Review Nurses, or in similar job titles who were paid a salary and treated as exempt from overtime laws and were primarily responsible for performing medical necessity reviews for Defendants in North Carolina at any time since three years prior to the filing of this Complaint through judgment.

Additional Information

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 Defendants 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, 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 an 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 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 Defendants.

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

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Madeline Orozco, at (612) 256-3297 or morozco@nka.com or call (612) 256-3238.

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