LTSS CLINICAL ASSESSORS/CLINICAL SPECIALISTS OVERTIME WAGE CASE INFO SITE
WE WANT TO HEAR ABOUT YOUR WORK EXPERIENCE
LTSS CLINICAL ASSESSORS/CLINICAL SPECIALISTS OVERTIME WAGE CASE INFO SITE
WE WANT TO HEAR ABOUT YOUR WORK EXPERIENCE
WE WANT TO HEAR ABOUT YOUR WORK EXPERIENCE
WE WANT TO HEAR ABOUT YOUR WORK EXPERIENCE
Liza Norton, a former Carebridge Health LTSS Clinical Assessor, has commenced this Nation-wide FLSA collective action overtime wage lawsuit against Carebridge Mddical Group PC Inc., RSV QOTB LTSS INC., and Elevance Health Inc. (recently bought Carebridge) who did business under the name Carebridge Health, seeking to recover overtime wages for herself and all present and former LTSS Clinical Assessors or Clinical Specialists who worked for Carebridge anytime in the preceding 3 years.
Norton alleges the job required her to routinely work more much greater than 40 hours per workweek in order to complete her job duties and hit metrics and production requirements, but the company did not pay overtime premiums.
Norton says in the complaint that she had a 9 hour work day, 45 hour a week schedule of 8 am to 5pm, but didn't have time to take 1 full hour, non-working meal break and that added to the overtime hours she suffered to work without pay.
Plaintiff alleges she was either a salaried, non-exempt employee who the company willfully chose to violate the FLSA and not pay overtime wages, or alternatively, that the company violated the FLSA by misclassifying her position as exempt from overtime pay under a scheme to avoid paying its employees overtime wages and increase profits.
Norton seeks to recover in this lawsuit, overtime wages, plus an equal sum in liquidated damages, and payment of all incurred attorney's fees and costs.
According to Norton, LTSS Clinical Assessors had to pump out 4 to 5 reports a day in a quota and write up proprietary CFER forms to justify cutting home health aide hours for the company's insurance company clients, a role which stripped her and all LTSS Clinical Assessors of any discretion and independent judgment. As such, Norton explains in the complaint that the company cannot prove that this position would satisfy the elements of the administrative exemption, meaning that the company must pay Norton and all other similarly situated clinical assessors and clinical specialists overtime pay for all hours worked over 40 at the lawful overtime rates.
Moreover, As Norton claims in the complaint, because the company did not track the times and hours of the LTSS position, the Supreme Court says that she and all others similarly situated may shift the burden of proof on Carebridge to disprove the hours she and others claim to have worked.
The Fair Labor Standards Act (FLSA) requires Carebridge and Elevance to pay all non-exempt, salaried employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. Here, as Plaintiff NORTON explains and contends in the Collective Action lawsuit and complaint, if Carebridge in fact has classified the LTSS Clinical Assessor position as salaried, non-exempt, the company is legally required to pay her and all similarly situated employees overtime premiums for all these hours they worked which it knew or should have
known were being worked, plus an equal sum in liquidated damages going back a 3 year period.
Alternatively, the lawsuit demands Carebridge prove to a court or the jury that the position of LTSS Clinical Assessor satisfies the elements of the administrative exemption to justify not paying overtime premiums, or otherwise then, Norton demands that Carebridge pay to her and and all present and former employees the overtime wages that should have been paid to them all along. Norton contends that the position fails to satisfy the administrative exemption and that Carebridge has engaged in a scheme to avoid it overtime pay requirements to increase profits.
The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 2d (BNA) 152: January 2013.
To be clear, the purpose of this website and any related contact by our law firm is NOT to solicit you to opt into and join this collective (CLASS) action lawsuit, (which will seek a national class certification) and to claim your wages, or to advertise our firm. Rather, we interested in speaking with you to determine what your experience has been, and if similar to what our client has alleged, and to corroborate facts for this case.
If any person presents a claim for overtime wages, informally, orally, in writing or by filing a legal claim, the Fair Labor Standards Act prohibits all persons, businesses and employers from taking any retaliatory action, including any adverse employment actions against such claimants, even if the claim for wages is unsuccessful.
FLSA collective action complaint: Norton v. Carebridge Medical Group PC Inc. et al
The LTSS Clinical Assessor Overtime wage Complaint
This is the Collective action filed on behalf of all similarly situated LTSS Clinical Assessors and Clinical Specialists of Carebridge Health (now owned by Elevance Health Inc.)
The Lead attorney for Norton and the class of similarly situated, Mitchell Feldman and Feldman Legal Group have decades of experience in nationwide FLSA and collective action cases and state law Rule 23 class actions.
We have successfully recovered millions of dollars in wages for thousands of workers against such companies as:
We want to hear about your work experience at Carebridge: you can call, email or contact us here. Estimate of time needed is about 15 minutes. We will make ourselves available days, nights, weekends at your convenience.
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