Medical Utilization Review Nurses Granted Class Certification in FLSA Overtime Case

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The U.S. District Court for the District of Minnesota recently granted class certification against health insurer Anthem Cos. in a nurse wage theft case. According to the allegations in the case, Anthem  violated the FLSA by denying overtime pay to nurses who work at the insurance company and decide whether medical treatments are necessary. Review nurses often work more than 40 hours in a workweek; some medical review nurses are LPNs, others are RNs. 

Under the FLSA, non-exempt workers who exceed over 40 hours per week may be entitled to overtime. Salaried employees may be considered exempt depending on how much money they make and whether they have any administrative duties. 

In Minnesota, the court found that nurse review managers were not engaged in direct business management activities. They do not directly consult insurance company customers about processing claims and do not manage anyone. Because the work of a nurse case review manager generally involves an inspector-clipboard checklist, the “learned professional” overtime exemption did not apply. The class action was appropriate because many of the nurses had the same training protocols and employment policies. The nurses were “similarly situated.” 

Nurse wage theft takes many forms. Nurses are routinely misclassified and/or denied overtime by hospitals and insurance companies. If you are a nurse who has been denied overtime, call today.