If you’ve ever worked as an HMO marketing representative, you may be entitled to overtime pay. This lawsuit seeks three years of back pay for work you performed more than forty hours per week. The overtime attorneys at Morgan & Morgan specialize in representing sales representatives in overtime disputes. They have been helping HMO marketing representatives get the overtime compensation they deserve. Here are some of the key aspects of this case.
Plaintiff contends Defendants failed to properly calculate his overtime rate
A class action suit is a great way to pursue your right to get paid overtime if you work more hours than you’re paid for. Defendants who do not calculate their employees’ overtime rate may be violating California labor laws, so it’s vital to understand your rights before filing a suit. In this case, the Plaintiff is suing a company for not following proper overtime calculation procedures.
While calculating the amount of overtime an employee is entitled to, the FLSA requires that they pay a non-exempt employee at the rate of 1.5 times his regular rate. West argues that the Defendants failed to calculate his overtime rate properly, so he’s entitled to time and a half for his entire overtime hours. The FLSA is very clear about how it applies to employees who work more hours than their regular rate.
The case involved cross-motions for summary judgment and the Court rejected both parties’ methodology. Defendant’s fluctuating workweek methodology would result in sub-minimum wage for overtime hours in many weeks. The court also disapproved the Defendant’s claim of salaried misclassification. Thus, this case was decided in favor of Plaintiff. Its outcome is still unclear, but the case is a good start.
Amerigroup paid directly to the plaintiff
A New York law firm, Kessler Matura P.C., has filed a class action lawsuit on behalf of Marketing Representatives who were employed by Amerigroup as facilitated enrollers. The lawsuit alleges that Amerigroup misclassified workers under the Fair Labor Standards Act and the New York Labor Law. The case is one of many similar lawsuits that have been filed against Amerigroup in recent years.
The Amerigroup Corporation settled allegations that it avoided enrolling pregnant and unhealthy patients. This company was paid by the Illinois Medicaid managed care program, and was required by law to enroll all eligible beneficiaries. Amerigroup had denied enrollment to certain patients, claiming that they were too expensive to treat and eroded its profit margin. Regardless of the case outcome, the case will continue to draw attention to the unfair hiring practices of HMOs.
The lawsuit outlines the conditions of Amerigroup’s unpaid overtime practices. The company paid Marketing Representatives’ salaries and failed to pay overtime. This is illegal under the federal False Claims Act and is a violation of the New York Labor Law. The lawsuit will continue in court and will be decided by the U.S. Court of Appeals for the Seventh Circuit in Chicago.