Daily Labor Report®

Aetna Nurse Consultants Can’t Revive FLSA Overtime Suit

Jan. 14, 2020, 5:21 PM

Aetna Life Insurance Co. doesn’t owe overtime to nurse consultants who review medical insurance claims outside a clinical setting, the Second Circuit held Tuesday.

Aetna’s nurse consultants were properly classified as professional employees exempt from the Fair Labor Standards Act’s overtime protections, the U.S. Court of Appeals for the Second Circuit said. The court affirmed the District of Connecticut’s decision to grant Aetna summary judgment on the overtime claims.

Sharon Isett, a registered nurse, performed utilization reviews of medical insurance claims as an appeals nurse consultant in Aetna’s National Clinical Appeals Unit. She filed a FLSA collective action against Aetna...

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