Practice Area: Employment Law & Unpaid Wages

Case Status: Under Investigation

Berger Montague is investigating potential class action lawsuits on behalf of current and former healthcare company case managers who were not paid overtime when they worked over 40 hours in work-week.

About the case

Under the Fair Labor Standards Act (“FLSA”), employers must pay their employees overtime wages if employees work more than forty hours a week. However, the FLSA exempts certain executive and administrative employees from these overtime requirements.

On February 22, 2012, current and former Centene case managers filed a claim against Centene in the Western District of Texas (Clark v. CENTENE COMPANY OF TEXAS, LP, No. 15-50606) for recovery of overtime wages under the FLSA. Centene is a managed care company that helps coordinate healthcare coverage.

On July 22, 2016, the 5th Circuit in the case said that case managers are not exempt from overtime because they are not required to attend a specialized intellectual institution, nor do they have much decision-making power.

Typically, healthcare case managers are responsible for reviewing medical authorization requests submitted by healthcare providers in order to verify the “medical necessity” and “appropriateness” of the request for insurance coverage and payment purposes. Case managers are primarily expected to gather and examine admissions or health provider requests through on-site, telephonic, or internet review of medical information.

In addition to Centene, other examples of healthcare companies that hire case managers include:

  • WellCare
  • Molina Healthcare
  • Express Scripts
  • Amerigroup
  • Anthem Inc.
  • Health Net
  • Ameren
  • UnitedHealth Group
  • Aetna
  • Cigna
  • Humana
  • Magellan Health
  • Blue Cross Blue Shield Association
  • Community Health Systems
  • Health Care Service Corporation

If you are a current or former healthcare company case manager and have not received overtime payment, contact Berger Montague. You may be able to file a lawsuit for your unpaid wages.

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 that we will receive our fees from the amount paid by the Defendant in the case.

Please contact us to discuss the details of your case. You may:

  1. Use the contact form on this page
  2. Email [email protected]
  3. Call 800-419-6044
schedule a free consultation

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