Case: Wage & Hour/Exempt Employees (D.N.M.)

A New Mexico federal district court denied United Healthcare’s motion to dismiss the claims of a case manager registered nurse that she was misclassified as exempt from overtime pay laws and not paid for overtime hours worked, in violation of the Fair Labor Standards Act and state law, ruling that the nurse adequately pled that she had been misclassified and, as a result, was not paid overtime during a time period that would have fallen within the equitable tolling period allowed by law.