Part of our managed care overtime cases →
In Pettenato v. Beacon Health Options, Inc., No. 1:19-cv-01646 (S.D.N.Y.), salaried care management employees alleged that Beacon Health Options classified them as exempt and did not pay them overtime. On October 25, 2019, Magistrate Judge Barbara Moses granted conditional certification of an FLSA collective of Beacon employees who worked in New York. Jack Siegel represented the workers.
The case was conditionally certified as a collective action, and the parties reached an agreement to settle the overtime claims of 43 salaried managed care employees.
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. A license alone does not decide the question; the actual duties do.
This page describes a 2019 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 or utilization review role, the Siegel Law Group can evaluate your own claims.
Not necessarily. A Department of Labor rule says registered nurses generally meet the duties test of the learned professional exemption (29 C.F.R. § 541.301(e)(2)), but the job must still require that advanced knowledge, and the employer must prove it. Whether a review job qualifies depends on the work actually done.
An FLSA collective action allows similarly situated workers to join together in one lawsuit. The court first decides whether to grant conditional certification and authorize notice to potential opt-in plaintiffs. Workers then have a set period to join. After the opt-in period, the employer may move to decertify the collective.
Yes. Having a professional license does not automatically make you exempt from overtime. The exemption depends on your actual job duties and how you were paid.
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]
These are results in other people's cases. Every case depends on its own facts and law. Prior results do not guarantee a similar outcome. This website contains attorney advertising.
Attorney responsible: Jack L. Siegel, Siegel Law Group PLLC, Dallas, Texas.
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This is a list of cases this firm filed. Prior results do not guarantee a similar outcome.
"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.
