O’Leary v. Humana Insurance Co., et al., Case No. 1:17-cv-01774-WCG (E.D. Wis.)

Betty Eberle and Ryan Miller represent Carolyn O’Leary and a class of 217 nurses who primarily performed utilization management for Humana Inc. and Humana Insurance Company. Plaintiff O’Leary alleges Humana violated the Fair Labor Standards Act (“FLSA”) by failing to compensate the nurses for the overtime hours they worked.

Humana had classified the nurses as salaried workers—in other words, exempt from the overtime-pay requirements of the FLSA.  Plaintiff O’Leary alleges that Humana misclassified the nurses and should have paid them hourly, including overtime premiums for any hours they worked in excess of 40 hours in a workweek.

On June 14, 2018, the Court approved the conditional certification of the following class:

All persons who were classified as exempt under the Fair Labor Standards Act and worked between June 14, 2015 and March 3, 2018 as clinical nurse advisors in the roles of

• Clinical Intake,
• Clinical Claims Review,
• Clinical Claims Review–DME,
• Acute Case Managers, or
• Market Clinical–Senior Products utilization management nurses.

Excluded from this class are those who were in October 2017 mailed notices and consents to opt into Killebrew v. Humana Inc., 5:16-cv-01276 (W.D. Tex.).