Field Nurse Case Managers File Class Action Against Genex Services For Alleged Failure To Pay Overtime – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on March 1, 2013

genexSan Francisco labor lawyers at Blumenthal, Nordrehaug & Bhowmik have filed a class action lawsuit against Genex Holdings Inc d/b/a Genex Services, Inc. (Genex) for alleged failure to pay overtime.  Specifically, Genex is accused of misclassifying their Field Nurse Case Managers as exempt from overtime pay to avoid paying overtime compensation.  Genex is also accused of failing to provide meal and rest breaks and precise wage statements as required by California law.   The lawsuit entitled, Davis v. Genex Holdings Inc d/b/a Genex Services, Inc., Case No. 113CV240830 is currently pending in the Santa Clara County Superior Court for the State of California.

According to the class action, the Plaintiff, who worked as a Field Nurse Case Manager, mostly engaged in non-exempt tasks throughout her workday.  They included reviewing her client's pre-injury position, making appointments with the client's doctors, and communicating in-person and by telephone with her clients, employers, medical providers, attorneys, insurance carriers and claims adjustors.  In essence, the Plaintiff and other Field Nurse Case Managers, used their RN training to coordinate care, act as intermediaries between patients, adjustors, and doctors and operate in a framework in "which these employees do not exercise ultimate decision making power."

“Large corporations often implement companywide policies to classify a certain job title as exempt from overtime pay in order to get the benefit of all their employees’ work while only paying them for some of their work,” explained Norman Blumenthal, managing partner of Blumenthal, Nordrehaug & Bhowmik.  In 2011, Blumenthal, Nordrehaug & Bhowmik filed another class action in on behalf of Field Nurse Case Managers working for Coventry Healthcare, alleging that these employees were also shorted overtime pay as a result of being classified as salaried employees.  The Judge in that case has tentatively certified the following class: All those men and women employed by [Coventry Health] in California who worked as a Field Case Manager at any time from April 7, 2007 to May 1, 2012. The Coventry class action entitled Rieve v. Coventry Health Care, Inc., Case No. SA CV 11-1032 DOC9MLGx) is currently pending before the Honorable Judge David O. Carter in United States District Court for the Central District of California.

If you work as a Field Case Manager for a different company and are not being paid overtime, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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Doug May 24, 2013 at 4:12 pm

Rieve v. Coventry Health Care, Inc., Case No. SA CV 11-1032 DOC9MLGx) is currently pending before the Honorable Judge David O. Carter in United States District Court for the Central District of California.

has this case still pending or is it resolved……….thanks

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