Clinical Nurse Advisor Takes Issue with Humana’s Pay Practices [UPDATE]
by Erin Shaak
Last Updated on September 29, 2021
O'Leary v. Humana Insurance Company et al
Filed: December 20, 2017 ◆§ 1:17cv1774
Humana Insurance Company and Humana Inc. are facing an employee’s proposed collective action in which she alleges the defendants failed to pay her overtime wages in violation of the Fair Labor Standards Act.
Wisconsin
Case Updates
September 28, 2021 – $11.2M Settlement Receives Final Approval
An $11.2 million deal has been reached to settle the claims detailed on this page.
Under the terms of the settlement, 221 clinical nurse advisors who worked for Humana will each receive a cut of nearly $8 million, with an average payout of over $36,000, to account for unpaid overtime and liquidated damages.
Those covered by the deal—i.e., clinical nurse advisors who worked for Humana in the roles of “Clinical Intake, Clinical Claims Review, Clinical Claims Review — DME, Acute Case Managers, or Market Clinical — [and] Senior Products utilization management nurses” within three years prior to June 14, 2018—will receive payments based on the number of full-time weeks they worked within the covered timeframe and their salary for those weeks, according to a September 24 memo filed in support of the settlement’s approval.
The plaintiffs’ attorneys praised the deal as “an exceptional, significant recovery for the nurses.”
In light of the settlement, which received final approval on September 27, 2021, the lawsuit has been dismissed with prejudice.
Humana Insurance Company and Humana Inc. are facing an employee’s proposed collective action in which she alleges the defendants failed to pay her overtime wages in violation of the Fair Labor Standards Act (FLSA). The plaintiff, who the suit says has been employed by the defendant as a clinical nurse advisor since 1990, claims she regularly works more than 40 hours per week without being paid time-and-a-half premium wages for the hours she works over 40. She argues that her job requires her to collect and review patients’ medical information to determine whether their requested benefits are approved under their specific insurance plans, tasks the suit says are considered non-exempt work under the FLSA.
Furthermore, the case argues that the defendants know their employees are working overtime to meet production goals and knowingly refuse to pay them proper wages.
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