Katherine Webster  |  September 30, 2021

Category: Labor & Employment

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Humana nurses
(Photo Credit: Piotr Swat/Shutterstock)

HUMANA NURSES OVERTIME SETTLEMENT OVERVIEW:

  • WHO: 221 Humana clinical nurse advisors.
  • WHY: Humana allegedly misclassified the nurses as exempt and failed to pay them appropriately for working overtime.
  • WHERE: United States

Humana has agreed to pay $11.2 million to end claims that certain Humana nurses were improperly classified as exempt and therefore were not paid the overtime wages they were due.

Lead plaintiff Carolyn O. filed her class action lawsuit in December 2017, alleging Humana had misclassified certain clinical nurse advisors as exempt and failed to pay them appropriately, a violation of the Fair Labor Standards Act (FLSA).

The federal FLSA entitles workers to certain rights related to wages, breaks, work hours, and overtime, and provides standards for children who work.

The Class certified by the Court includes anyone classified as exempt under the FLSA and worked as a clinical nurse advisor for the defendants in the roles of clinical intake, clinical claims review, clinical claims review — DME, acute case managers, or market clinical — senior products utilization management nurses, at any time during the three years prior to June 14, 2018.

After attorneys’ fees and other costs are deducted from the settlement fund, about $8 million will remain and go toward damages and service awards.

There are 221 Humana nurses in the settlement Class, according to court documents.

Each Class Member is expected to receive an award of about $36,000.

“This is an exceptional, significant recovery for the nurses,” plaintiff’s counsel wrote in a memorandum in support of the motion for settlement.

The Humana nurses were reclassified as non-exempt as of March 3, 2018, and at that point began receiving pay for the overtime they worked, court documents indicate.

Are you one of the Humana nurses who did not receive appropriate overtime pay? Tell us about your experience in the comments below.

The plaintiff is represented by Elizabeth J. Eberle and Ryan Miller of Miner Barnhill & Galland PC.

The Humana Nurses Overtime Class Action Lawsuit is Carolyn O., et al. v. Humana Insurance Co., et al., Case No. 1:17-cv-01774-WCG, in the U.S. District Court for the Eastern District of Wisconsin, Green Bay Division.


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2 thoughts onCourt OKs $11.2M Overtime Settlement Between Humana, Nurses

  1. Suzanne Latimer says:

    Humana did not pay for overtime And was not given breaks or dinner time, but was taken out of my pay!

  2. BETH Williams says:

    Yes it Looks good but will they Follow thru ONE notice once attorneys recieve payment it’s Always DELAYED TO clients..

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