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Wellcare Overtime Lawsuit

On June 21, 2010, Miguel Aponte and Amado Correa, former salary paid "Benefit Consultants" who worked for Comprehensive Health Management, Inc., d/b/a Wellcare ("Wellcare"), have sued Wellcare in Federal District Court in Manhattan, New York alleging that Wellcare improperly failed to pay them overtime hours worked in one or more work weeks during their employment with Wellcare. Specifically, Mr. Aponte and Mr. Correa allege that Wellcare failed to pay them proper overtime compensation when they worked more than forty (40) hours in a week in violation of the Fair Labor Standards Act and New York Labor Law. Mr. Aponte and Mr. Correa filed this lawsuit on behalf of themselves and a class of similarly situated Benefit Consultants. Plaintiffs allege that Defendant violated the law by failing to pay them overtime due to Wellcare's misclassification of the Benefit Consultants as "non-exempt." On June 2, 2011, the Court granted Plaintiffs' motion for class certification of this case under both federal and state law. Notices have recently been sent to the class members. Class members have sixty (60) days to join the national class. For those who worked in New York state, there is no need to return the notice as those Benefit Consultants are automatically included in the class unless they choose to opt out of the case.

Complaint and Demand for Jury Trial
FLSA Class Notice & Consent to Join Form
New York Class Notice & Consent to Join Form

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