Health system consultants gain class-action status in FLSA suit

A New York court has granted class-­action status to a lawsuit filed by ben­efits consultants at a subsidiary of the WellCare health system, who allege they were misclassified.

WellCare classifies benefits consultants as exempt under the Fair Labor Standards Act (FLSA) because it considers them outside salespeople. Ben­efits consultants promote WellCare’s various services. This, the company maintains, means the consultants are exempt from overtime under the FLSA.

But Miguel Aponte and Amado Correa claim the outside sales exemption doesn’t apply to their work, so they’re suing in the U.S. District Court for the Southern District of New York. In addition to violating the FLSA, the plaintiffs—and now dozens of similarly situated employees—argue that WellCare’s alleged misclassification violates New York labor law.

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