Federal Judge Opens Door For Liberty Mutual Nurse Case Managers to Seek Overtime Pay In Lawsuit Filed By The Riverside Labor Lawyers at Blumenthal, Nordrehaug & Bhowmik

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The Honorable Judge Jesus G. Bernal certified a class of Nurse Case Managers allowing these employees to assert claims for payment of back overtime wages on behalf of all Nurse Case Managers working in California for Liberty Mutual Managed Care LLC

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In the coming months, all individuals who part of the class will be notified of their rights. For more information about the class action lawsuit filed against Liberty Mutual Managed Care LLC, please call Attorney Nicholas J. De Blouw at (866) 771-7099.

On May 1, 2017, the Honorable Judge Jesus G. Bernal ruled a lawsuit brought on behalf of Nurse Case Managers working for Liberty Mutual Managed Care LLC should be able to proceed as a class action. This means that all employees who worked as Nurse Case Managers in California for Liberty Mutual Managed Care LLC since February of 2012 can now seek back overtime wages against Liberty Mutual Managed Care LLC. Case No.ED-CV-16-1133 is currently pending in the United States District Court for the Central District of California.

The class action lawsuit was originally filed by the Riverside Employment Law Lawyers at Blumenthal, Nordrehaug & Bhowmik in February of 2016, alleging that Liberty Mutual Managed Care LLC misclassified their Nurse Case Managers as exempt from overtime pay and as a result, allegedly, did not pay these employees overtime wages, failed to provide the legally mandated meal and rest breaks, and accurate wage statements as required by California law.

In the original Complaint, which can be read here, Plaintiff claimed that she spent the majority of her time as a Nurse Case Manager engaging in the non-exempt work of monitoring a recovery plan controlled by a physician and a claims adjuster and did not have the power to alter that course of treatment. The Complaint further claimed that any advice the Nurse Case Managers provided was on an individual level, far from questions affecting management or general business operations. As a result, the Complaint claimed that Nurse Case Managers working for Liberty Mutual Managed Care LLC in California should have been entitled to overtime pay, among other things.

The court has certified the following class in its Order which can be read here:

“[A]ll individuals who are or previously were employed by Defendant Liberty Mutual Managed Care, LLC as Telephonic Nurse Case Managers in California between February 24, 2012 to the present." The Court's opinion cite is Metrow v. Liberty Mut. Managed Care LLC, 2017 U.S. Dist. LEXIS 73656 (C.D. Cal. May 1, 2017).

In the coming months, all individuals who part of the class will be notified of their rights. For more information about the class action lawsuit filed against Liberty Mutual Managed Care LLC, please call Attorney Nicholas J. De Blouw at (866) 771-7099.

Blumenthal, Nordrehaug & Bhowmik dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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