Advertising Material
On September 4, 2020, our law firm filed a lawsuit against Blue Cross and
Blue Shield of Florida, Inc. (“Florida Blue”), GuideWell Mutual
Holding Corporation (“GuideWell”), and/or Health Options,
Inc. (“Health Options”) (collectively “Florida Blue”
or “Defendants”), alleging violations of federal overtime
laws. The case was titled
Riviere v. Blue Cross and Blue Shield of Florida, Inc., et al., No. 1:20-cv-23709-CMA (S.D. Fla.).
The Complaint alleged that Florida Blue violated the Fair Labor Standards
Act by failing to pay its utilization review nurses for the overtime hours
they worked. Utilization review nurses’ primary job duty consists
of conducting medical necessity reviews, which includes collecting and
reviewing medical information and comparing that information to pre-determined
guidelines and/or other established policies located to determine whether
the authorization request meets the criteria for medical necessity and
therefore covered by insurance. They may have varying job titles including
Registered Nurses, Concurrent Review and Discharge Nurses, Medicare Pre-Service
Medical Review Nurse RNs, Medical Review Nurses, Transitional Review Nurses,
Medical Review Nurse LPNs, Concurrent Review RNs, and/or Clinical Review Nurses.
The named plaintiff brought the case on behalf of herself and all others
similarly situated, nationwide, alleging Florida Blue purposefully misclassified
its utilization review nurses as exempt to avoid paying overtime wages
in violation of under federal law.
Defendants denied liability but offered to have judgment entered against
them and agreed to pay $25,000.00 to the named plaintiff, plus reasonable
attorneys' fees and costs. Judgment was entered against Defendants on
January 6, 2021.
We believe that there are other utilization review nurses who have worked
for Florida Blue who were similarly misclassified as exempt from overtime
pay; therefore, we are continuing to investigate the company’s pay
practices. If you are interested in learning more about whether you may
be eligible to make a claim for back pay, please contact Christina Houston at
chouston@nka.com or (612) 256-3238.
Our investigation is primarily being handled by Rachhana T. Srey, Esq.
of Nichols Kaster, PLLP, 4700 IDS Center, 80 South 8th Street, Minneapolis,
MN 55402. Ms. Srey is not licensed in the State of Florida. She will need
to apply to the appear on a one-time engagement basis upon commencement
of any matter filed in a federal court in Florida. This investigation
is being conducted with the law firms of Berger Montage, P.C. and Shavitz
Law Group, PA.
About Nichols Kaster, PLLP:
For more than forty-five years and with currently 39 attorneys, Nichols
Kaster has represented employees and consumers nationwide on a variety
of legal issues arising under both state and federal laws. The law firm’s
National Wage and Hour team, comprised of eight attorneys, represents
employees in class and collective actions seeking to recover unpaid wages
in circumstances where employers misclassify workers or otherwise fail
to compensate them for all hours worked, pursuant to minimum wage and
overtime rates, or as required by contract.
About Berger Montague, P.C.:
With over sixty attorneys, Berger Montague PC is a full-spectrum class
action and complex civil litigation firm that has represented investors,
businesses, consumers, employees, and property owners for more than fifty
years. Berger Montague is experienced in class action litigation, seeking
remedies for employees under the Fair Labor Standards Act, state wage
and hour law, breach of contract, unjust enrichment, and other state common
law causes of action. Berger Montague’s Employment & Unpaid
Wages Group is comprised of 66 attorneys.
About Shavitz Law Group, PA:
Since 1999, Shavitz Law Group, has represented employees, focusing exclusively
on employee rights and wage and hour class action litigation. The Shavitz
Law Group is based in Boca Raton, Florida. The firm also handles claims
for employees in whistleblower, Equal Pay Act, discrimination, and retaliation cases.
