Practice Area: Employment Law & Unpaid Wages
Case Status: Under Investigation
Berger Montague is investigating healthcare organizations that employ nurses to perform utilization and HEDIS reviews. We believe that some nurses are being illegally denied time-and-a-half overtime pay for hours worked in excess of 40 in a workweek.
If your primary job duty involves reviewing requests for coverage against standardized criteria, you may be entitled to unpaid wages. Your employer may be misclassifying you as overtime exempt under the Fair Labor Standards Act (“FLSA”) and state wage and hour laws, and unlawfully depriving you of overtime pay.
What If I Am “Salaried” or I Agreed to Not be Paid Overtime?
Under state and federal law, some salaried workers are still entitled to overtime pay for every hour worked over 40 in a workweek. Similarly, if you don’t meet specific overtime pay exemption criteria under state and federal law, your employer is legally required to pay you overtime for all hours worked over 40 in a workweek.
What If I Work Remotely or For the State or Federal Government?
This may not impact your legal protections under state and federal law. You should submit the form on this page if you feel you are being unlawfully denied wages.
This May Apply to Me. What Should I Do?
Pending Lawsuits Berger Montague Filed on Behalf of Utilization Review and HEDIS Nurses for Unpaid Overtime:
- Abernathy v. Molina Healthcare, Inc., No. 1:20-cv-00042 (D. Utah)
- Pearl v. Clearlink Partners, LLC, No., 1:20-cv-10529 (D. Mass.)
A Sample of Healthcare Organizations We are Investigating:
- Blue Cross Blue Shield
- Health Care Service Corporation
- Kaiser Permanente
- Molina Healthcare
- Optimum Healthcare
- Peoples Health
A Sample of Job Titles Potential Lawsuits May Cover:
- Authorization Nurse
- Care Management Coordinator
- Concurrent Review Nurse
- HEDIS Abstractor
- HEDIS Coordinator
- HEDIS Review Nurse
- HEDIS Reviewer
- HEDIS RN
- HEDIS Specialist
- Initial Clinical Reviewer
- Medical Review Nurse
- Performance Improvement Analyst
- Prior Authorization Nurse
- Remote HEDIS Nurse Reviewer
- RN Care Advisor
- Utilization Management Nurse Consultant
- Utilization Review Manager
- Utilization Review Nurse
- Utilization Review RN
- Utilization Review Specialist
Do I Have to Pay to Consult With an Attorney?
We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and we will receive our fees from the amount paid by the Defendant in the case.
About Berger Montague
Berger Montague is a full-spectrum class action and complex civil litigation firm. The firm has been recognized by courts throughout the country for its ability and experience in handling major complex litigation.
The lawyers who comprise our Employment & Unpaid Wages Group work tirelessly to safeguard the rights of employees and devote all of their energies to helping our firm’s clients achieve their goals. Our attorneys’ understanding of federal and state wage and hour laws allows them to develop creative strategies to vindicate our clients’ rights and help them secure the compensation to which they are entitled.