[Field Nurse Case Managers] do not exercise ultimate decision making power
Santa Clara, California (PRWEB) February 11, 2013
The class action lawsuit was filed by the San Francisco labor lawyers at Blumenthal, Nordrehaug & Bhowmik. The case, filed on February 6, 2013 , alleges that Genex Holdings Inc d/b/a Genex Services, Inc. ("Genex") misclassified the Field Nurse Case Managers as exempt from overtime pay and as a result, failed to provide overtime compensation, meal and rest breaks, and precise wage statements as required by California law. The lawsuit entitled, Davis v. Genex Holdings Inc d/b/a Genex Services, Inc., Case No. 113CV240830 is currently pending in the Santa Clara County Superior Court for the State of California.
The class action complaint, which can be read here, alleges that the Plaintiff, who worked as a Field Nurse Case Manager, mostly engaged in non-exempt tasks throughout her workday, including reviewing her client's pre-injury position, making appointments with the client's doctors, communicating in-person and by telephone with her clients, employers, medical providers, attorneys, insurance carriers and claims adjustors. The Complaint further alleges that the reason the Plaintiff and other Field Nurse Case Managers should be receiving overtime pay is because these employees use their RN training to coordinate care, act as intermediaries between patients, adjustors, and doctors and operate in a framework in "which these employees do not exercise ultimate decision making power."
Managing partner, Norman B. Blumenthal, stated “Large corporations often implement company wide policies to classify a certain job title as exempt from overtime pay in order to get the benefit of all their employees’ work while only paying them for some of their work."
This argument is not new to the attorneys at Blumenthal, Nordrehaug & Bhowmik. The California labor law attorneys originally filed another class action in April of 2011 on behalf of Field Nurse Case Managers working for a different company, Coventry Healthcare, alleging that these employees were also shorted overtime pay as a result of being classified as salaried employees. The Judge in that case has tentatively certified the following class: All those men and women employed by [Coventry Health] in California who worked as a Field Case Manager at any time from April 7, 2007 to May 1, 2012. The Coventry class action entitled Rieve v. Coventry Health Care, Inc., Case No. SA CV 11-1032 DOC9MLGx) is currently pending before the Honorable Judge David O. Carter in United States District Court for the Central District of California.
The unpaid wage attorneys at Blumenthal, Nordrehaug & Bhowmik dedicate their practice to helping people who have been wrongfully classified as salaried employees exempt from receiving overtime pay and other claims including violation of California labor laws.