Clinical Nurse Advisors Represented by Nichols Kaster, PLLP Challenge Exemption Classification and Seek to Recover Overtime Pay

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The Complaint alleges that as “clinical nurse advisors,” the plaintiffs spend their workday performing non-exempt work, which included collecting and reviewing medical information against guidelines to check whether the requested insurance benefit is approved under the member’s health insurance plan.

Nichols Kaster, PLLP
These nurses are required to work mandatory overtime hours to meet Humana’s production goals and quotas.

On February 8, 2012, a Fair Labor Standards Act Complaint was filed in federal court by two clinical nurse advisors against Humana Inc. and Humana Insurance Company. The Complaint alleges that as “clinical nurse advisors,” the plaintiffs spend their workday performing non-exempt work, which included collecting and reviewing medical information against guidelines to check whether the requested insurance benefit is approved under the member’s health insurance plan. For example, clinical nurse advisors may review an insured’s request for durable medical equipment against Medicare’s guidelines.

The Complaint was filed under the FLSA’s collective action procedure, meaning the plaintiffs filed their Complaint on behalf of themselves and other “similarly situated employees,” who work or worked as clinical nurse advisors or other job titles performing similar duties (e.g. clinical advisor, utilization LPN, clinical reviewer, or clinical claims review nurse). Plaintiffs were paid a salary, classified as exempt from the federal law, and received no overtime compensation for their overtime hours. The Complaint challenges Humana’s exemption classification and alleges that Humana willfully violated the law by classifying clinical nurse advisors and others similarly situated as exempt. Humana Inc. is a publicly traded company with its U.S. corporate headquarters located in Louisville, Kentucky. Humana Insurance Company is a subsidiary of Humana Inc. The Complaint alleges that Humana employs clinical nurse advisors throughout the country.

Rachhana T. Srey, who represents the Plaintiffs stated, “these nurses are required to work mandatory overtime hours to meet Humana’s production goals and quotas. They work in an office and have the primary function of reviewing medical information provided to them against guidelines, company policy, and insurance contracts. This is non-exempt work and they should be paid for their overtime.”

Plaintiffs are represented by Rachhana T. Srey and Paul J. Lukas from Nichols Kaster, PLLP in Minneapolis, Minnesota. The case was filed in federal court in the Eastern District of Wisconsin and is titled Schroeder et al. v. Humana Inc. and Humana Insurance Company. Court File No. 1:12-cv-00137-WCG.

Additional information may be found at http://www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

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