STATUS: Resolved

Along with Morgan & Morgan PA, Outten & Golden LLP represents a group of Amerigroup facilitated enrollers (marketing representatives) who enroll low-income New Yorkers in Medicaid and other free health insurance programs in a class action and collective action overtime lawsuit. They seek to recover unpaid overtime wages from Amerigroup Corp. and Amergroup New York, LLC (“Amerigroup”), a national health insurance company that they allege misclassified them under the Fair Labor Standards Act (FLSA) and the New York Labor Law.

The Plaintiffs, Amerigroup facilitated enrollers whom Amerigroup classifies as outside salespeople, are denied overtime pay for the many overtime hours they work each week. They are prohibited by state and local law from engaging in aggressive sales practices or door-to-door solicitation. Instead, they are stationed at pre-approved marketing sites in low-income neighborhoods, where they educate people about free and low-cost insurance options. Most applicants are never required to pay anything for this insurance; Amerigroup is paid directly by New York State for each Medicaid enrollment.

The Plaintiffs allege that they worked many overtime hours, well in excess of 40 hours per week, in order to attempt to meet aggressive enrollment quotas imposed on them by Amerigroup. Although they were limited in their ability to approach potential applicants, they were required to work at scheduled marketing locations every week, visit applicants’ homes to collect documents at the end of the work day, and assist applicants in completing Medicaid applications.

The defendants are Amergroup Corp. and Amerigroup, New York LLC. The case is “Toure, et al. v. Amergroup Corp.,” U.S. District Court, Eastern District of New York, Case No. 10 Civ. 5391.

(*Prior results do not guarantee a similar outcome.)


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