Part of our managed care overtime cases →
In Edwards v. Optima Health Plan, No. 2:20-cv-00192 (E.D. Va.), care management employees alleged that Optima Health Plan and Sentara Health Plans classified them as exempt from overtime under the Fair Labor Standards Act (FLSA). On March 29, 2021, the court granted their motion for conditional certification over the defendants’ opposition (Doc. 33). Jack Siegel appeared pro hac vice for the workers.
The court found that the plaintiffs had made a sufficient showing that they were similarly situated to a group of “Care Management Employees.” The lead plaintiff and three opt-ins said Optima referred to them by several titles, including Care Coordinator, Behavioral Health Care Coordinator, Integrated Care Manager and Utilization Review Manager, even though their main duties stayed the same. The court ordered the parties to draft a joint notice and set a process for the opt-in period.
The workers held many job titles. The court looked at what they said they actually did.
Conditional certification is an early step that lets notice go out. It is not a finding that anyone was misclassified or that the employer broke the law.
As general information, the FLSA requires overtime for hours over 40 in a workweek unless the employer proves an exemption. The administrative exemption requires, among other things, a primary duty that includes the exercise of discretion and independent judgment on matters of significance. The learned professional exemption requires a primary duty that calls for advanced knowledge in a field of science or learning. Whether either fits depends on the work actually done.
This page describes a 2021 court order. The time to join that collective was set by the court in that case. If you have worked in a similar care management role, the Siegel Law Group can evaluate your own claims.
In an earlier case, Brunty v. Optima Health Plan, a consent order conditionally certified a collective of salaried Care Coordinator-Non-RN employees.
Conditional certification means the court allowed the case to proceed as a collective action, enabling other similarly situated care management employees to receive notice and opt into the lawsuit. This is the first step in building a collective case against the employer's misclassification policy.
It depends on the actual duties. The administrative exemption requires the exercise of discretion and independent judgment, and the professional exemption requires work that calls for advanced knowledge. The employer must prove that one of them fits.
The administrative exemption allows employers to classify certain workers as exempt from overtime. However, it requires that the worker's primary duty involves the exercise of discretion and independent judgment with respect to matters of significance. Whether a care management employee meets it depends on the actual duties.
Conditional certification lets workers join one case as a group. It also authorizes notice to other potentially affected workers who may not know they have claims, expanding the reach of the lawsuit.
After conditional certification, notice is sent to potential opt-in plaintiffs. Workers have a set period to file consent forms to join. After the opt-in period, the case proceeds through discovery, and the employer typically moves for decertification. If the collective survives, the case moves toward summary judgment or trial.
If you did this kind of work for another employer and weren't paid overtime for hours over 40, tell us your job title, your employer and the state you worked in. We'll tell you plainly whether we think you have a case. Federal law makes it illegal to retaliate against you for asking.
Siegel Law Group PLLC concentrates in unpaid overtime cases under the FLSA and state wage laws. The firm has filed more than 100 federal overtime cases, obtained 50+ class and collective certifications in 20 federal judicial districts across 15 states, and recovered more than $100 million for workers. It has never represented an employer in a wage case. Free consultation. Contingency fee: we advance case costs, and they are repaid from any recovery. No recovery, no fee and no costs. Phone: (214) 790-4454 | Email: [email protected]
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Attorney responsible: Jack L. Siegel, Siegel Law Group PLLC, Dallas, Texas.
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"Certified" means a judge agreed the case could go forward for a group of workers at once, not just the one person who filed it. It is a step in the case, not the end of it.
Attorney advertising. Case information shown is taken from public court filings and court-approved settlements in cases this firm brought. Every case turns on its own facts and on the law of the court where it is heard. Prior results do not guarantee a similar outcome, and a certification or ruling in one case does not guarantee the same result in another. Nothing on this page is legal advice, and reading it or sending a message does not create an attorney-client relationship.
Jack L. Siegel of Siegel Law Group PLLC, Dallas, Texas, is responsible for the content of this page. He appears in federal courts in other states by admission to those courts or by leave of court, and is not licensed in every state shown in this list.
