Schroeder et al v. Humana Inc et al, No. 1:2012cv00137 - Document 52 (E.D. Wis. 2012)
Court Description: DECISION AND ORDER DENYING 42 Motion to Supplement the Record; GRANTING 30 Motion to Certify Class and Approving Notice to Potential Fair Labor Standards Act Plaintiffs, signed by Chief Judge William C Griesbach on 11/27/2012. Within 20 days of the date of this order Humana will produce to plaintiffs a computer readable data file containing the name, last known address and telephone number, dates of employment, and social security number (last four digits only) for all current and former cl inical nurse advisors who primarily performed utilization management functions (prospective reviews, retrospective claims reviews, or inpatient reviews in roles as acute case manager or concurrent review with discharge planning) since November 27, 20 09.Plaintiffs are authorized to give notice of this lawsuit to all current and former clinical nurse advisors who primarily performed utilization management functions (prospective reviews, retrospective claims reviews, or inpatient reviews in roles a s acute case manager or concurrent review with discharge planning) since November 27, 2009, in the finalized notice form approved by this Court and attached hereto. Such notice may be sent once via first class mail to the conditionally-certified class. SEE DECISION AND ORDER FOR FULL DETAIL. (Attachments: # 1 Notice of Pendency of Lawsuit) (cc: all counsel) (Griesbach, William)
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NOTICE OF PENDENCY OF LAWSUIT TO: Current and former clinical nurse advisors who: (a) were employed by Humana Inc. or Humana Insurance Company between November 27, 2009 and the present, and (b) primarily performed utilization management functions (prospective reviews, retrospective claims reviews, or inpatient reviews in roles as acute case manager or concurrent review with discharge planning) FROM: Attorney Rachhana T. Srey, Nichols Kaster, PLLP INTRODUCTION The purpose of this notice is to inform you that a lawsuit exists that you may join, to advise you of how your rights may be affected by this lawsuit, and to instruct you on the procedure for participating in this lawsuit, should you choose to do so. DESCRIPTION On February 8, 2012, Rebecca Schroeder and Diane Schroeder (the Named Plaintiffs ) filed a lawsuit against Humana Inc. and Humana Insurance Company (collectively Defendants or Humana ) in the United States District Court for the Eastern District of Wisconsin. The Named Plaintiffs in this lawsuit primarily performed utilization management review functions (prospective reviews, retrospective claims reviews, or inpatient reviews). They compared member s clinical information to guidelines in order to make determinations about whether a requested authorization for benefits or services is covered under the member s insurance plan. The Named Plaintiffs are former employees of Humana who contend that Humana misclassified them as exempt from overtime pay and failed to pay them and other similarly situated Clinical Nurse Advisors overtime pay for all of the overtime hours they worked. The Named Plaintiffs seek backpay wages and liquidated damages for themselves and other similarly situated current or former Clinical Nurse Advisors. Humana contends that the Named Plaintiffs and other similarly situated Clinical Nurse Advisors were properly classified as exempt employees under the overtime laws because they fit the description of a professional and/or administrative employee under those laws and were paid a salary. Humana denies any wrongdoing and contends that all employees have been properly paid for their work. YOUR RIGHT TO PARTICIPATE IN THE LAWSUIT The United States District Court for the Eastern District of Wisconsin has held that a group of potentially similarly situated employees exists, and that notice should be distributed to all individuals who may have potential claims. The Court has not examined the merits of the case and has made no decision whether any employee will or should receive any compensation related to this lawsuit. This notice has been distributed to: Current and former clinical nurse advisors who: (a) were employed by Humana Inc. or Humana Insurance Company between November 27, 2009 and the present, and (b) primarily performed utilization management functions (prospective reviews, retrospective claims reviews, or inpatient reviews in roles as acute case manager or concurrent review with discharge planning). If you fit the definition above and you worked more than 40 hours in any workweek during your employment without receiving overtime compensation, you are eligible to participate in the lawsuit. You may join the lawsuit by mailing, emailing, or faxing the enclosed Plaintiff Consent Form to Plaintiffs Counsel for filing with the Court: Nichols Kaster, PLLP Attn.: Rachhana T. Srey 4600 IDS Center, 80 South Eighth Street Minneapolis, Minnesota 55402 Toll-Free Telephone: (877) 448-0492 (no faxes to this number) Fax: (612) 215-6870 Email: srey@nka.com The Plaintiff Consent Form must be postmarked on or before [date 60 days from mailing] in order for you to participate. If you choose to join this case by filing a Plaintiff Consent Form, your interests will be represented by Plaintiffs Counsel. The Named Plaintiffs have retained the law firm of Nichols Kaster, PLLP as Plaintiffs Counsel. If you choose to join this lawsuit, your interests will be represented by Plaintiffs Counsel. The Named Plaintiffs and Plaintiffs Counsel will generally have the right, as permitted by applicable rules or laws, to make certain decisions concerning the litigation on behalf of those who opt-in to the case, and those are generally binding. Plaintiffs Counsel are handling the case on a contingency fee basis, which means that you will not be required to pay attorneys fees or expenses in advance. If there is a recovery, Plaintiffs Counsel will receive a part of any money judgment or settlement obtained in your favor. If there is no recovery, there will be no attorneys fees. The Court has retained jurisdiction to determine the reasonableness of any attorneys fees awarded to Plaintiffs Counsel. EFFECT OF JOINING THIS LAWSUIT If you choose to join this lawsuit, you will be bound by any ruling or judgment by the Court, or any agreement by the parties to settle the lawsuit, whether favorable or unfavorable. If you agree to join this case, you will be expected to participate in the litigation. NO RETALIATION PERMITTED The law prohibits retaliation against employees for exercising their rights to receive overtime. Therefore, Defendants are prohibited from discharging you or retaliating against you in any other manner because you choose to participate in this lawsuit. CONCLUSION This Notice and its content have been authorized by the United States District Court for the Eastern District of Wisconsin, the Honorable William C. Griesbach, U.S. District Judge. Although the Court has authorized the sending and content of this notice, the Court has taken no position on the merits of Plaintiffs claims or Defendants defenses. DO NOT CONTACT THE CLERK OF COURT REGARDING THIS NOTICE. PLAINTIFF CONSENT FORM 1. I consent to make a claim under the Fair Labor Standards Act, 29 U.S.C. ยง 201, et seq. against my current/former employer, Humana, to recover overtime pay. 2. During the past three years, there were occasions when I worked more than forty (40) hours in a workweek for Humana as a clinical nurse advisor. I did not receive proper overtime compensation for those hours. 3. I understand that I may withdraw my consent to proceed with my claims at any time by notifying the attorneys handling the matter. Date: ___________________ ____________________________________ Signature ____________________________________ Print Name ______________________________________________________________________________ No Information Included Below Will Be Filed With the Court Please Print or Type Your Contact Information Address: ___________________________________________________________ Number City State Zip Code Best Phone Number: ________________________________________________ Email: _____________________________________________________________ Return this form by fax, email or mail to: Nichols Kaster, PLLP, Attn: Rachhana T. Srey Fax: (612) 215-6870 Email: srey@nka.com Address: 4600 IDS Center, 80 S. 8th St., Minneapolis, MN 55402 Web: www.nka.com and www.overtimecases.com
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