In this care coordinator overtime lawsuit, the Siegel Law Group helped secure FLSA conditional certification for Care Coordinators at CareLink NM Health Home who were denied overtime pay while managing caseloads of 60 to 80 enrollees. In Spencer v. Mental Health Resources, Case No. 1:21-cv-00121 (D.N.M.), the court allowed the case to proceed as a collective action. The firm has recovered $100M+ for workers nationwide and concentrates in representing healthcare and behavioral health workers denied overtime.
On August 1, 2022, Judge Margaret Strickland granted conditional certification, allowing similarly situated Care Coordinators to join the collective action. The ruling recognized that these workers shared common job duties and were subject to the same misclassification — a systemic issue rather than an individual dispute.
The Siegel Law Group brought claims for unpaid overtime under both the Fair Labor Standards Act (FLSA) and the New Mexico Minimum Wage Act (NMMWA). Filing under both federal and state overtime laws gave the workers the benefit of whichever statute provided greater protections.
Healthcare workers with heavy caseloads are frequently required to work well beyond 40 hours per week to keep up with their assigned enrollees. When employers classify these workers as exempt from overtime, they shift the cost of that extra time from the company to the worker. Federal and state overtime laws are designed to prevent exactly this practice.
Care Coordinators at CareLink managed services for some of the most vulnerable members of New Mexico's behavioral health system. The demanding nature of this work and the large caseloads made overtime hours inevitable — yet Mental Health Resources classified these workers as exempt from overtime rather than paying them what the law requires.
The dual-filing strategy — pursuing claims under both the FLSA and the NMMWA — is a common approach in New Mexico overtime lawsuits. The NMMWA provides protections that may exceed the FLSA, including the ability to pursue a Rule 23 class action (opt-out) rather than just an FLSA collective action (opt-in). This approach maximizes recovery for workers by invoking every available legal protection.
The administrative exemption under both the FLSA and New Mexico law requires the exercise of discretion and independent judgment. Care Coordinators who follow standardized assessment protocols and coordinate services according to established plans typically do not meet this standard.
If you are a care coordinator, case manager, or health home worker managing a heavy caseload and working more than 40 hours per week without overtime pay, you may be misclassified as exempt. Contact the Siegel Law Group for a free consultation to evaluate your claims under federal and state overtime laws.
Conditional certification allows the case to proceed as a collective action, enabling other similarly situated behavioral health workers to receive notice of the lawsuit and choose to opt in. This creates strength in numbers and allows workers to challenge the employer's misclassification policy as a group.
Yes. New Mexico's Minimum Wage Act provides additional protections beyond the FLSA. Filing under both statutes allows workers to recover under whichever law provides greater damages, a longer statute of limitations, or more favorable class treatment rules.
Many care coordinators are entitled to overtime pay. The administrative exemption requires the exercise of discretion and independent judgment with respect to matters of significance. Care coordinators who follow standardized protocols, assessment tools, and established care plans typically do not meet this standard.
After conditional certification, the court authorizes notice to be sent to potential opt-in plaintiffs. Workers have a set period to join. The case then proceeds through discovery, and the employer may move for decertification. If the collective survives, the case moves toward trial or settlement.
A heavy caseload often means workers must put in more than 40 hours per week to keep up with their assigned enrollees. If those workers are classified as exempt from overtime, they are absorbing the cost of those extra hours. The FLSA requires that non-exempt workers be paid time-and-a-half for all hours over 40, regardless of caseload pressures.
The Siegel Law Group is a national overtime and wage law firm devoted entirely to representing workers denied overtime pay. Where many firms include wage cases as a small part of a broader employment practice, the Siegel Law Group has built its entire practice around overtime litigation — and the results reflect that commitment: $100M+ recovered for workers, 50+ class and collective action certifications, and 100+ federal lawsuits filed in 27+ federal courts nationwide. Founding attorney Jack Siegel is a Bloomberg BNA contributing author on wage and hour law.
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