Overview

Injury: Violating FLSA and state laws by failing to pay employees whose primary job duties were conducted over the phone for off-the-clock work
Defendant: Elevance Health (formerly Anthem) and Carelon Health
Practice: Class Action

Latest Update: April 1, 2026 – Lawsuit filed against Elevance Health, Carelon, and associated companies alleges violations of FLSA. 

A complaint filed in the U.S. District Court for the Southern District of Indiana – Indianapolis Division alleges that Elevance Health, Carelon, and others systematically underpaid their remote call workers.

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Mark R. Miller

Julia Ozello

CONTACT ATTORNEY

Julia Ozello

FLSA Wage-and-Hour Violations: Lawsuit Alleges Elevance Health Deprived Employees of Fair Pay

Wallace Miller has filed a class action on behalf of call center workers, customer service workers, and other workers whose principal duties were conducted over the phone employed by Elevance Health, Carelon, and Anthem since 2023. People who worked for CareMore and BioPlus may also qualify. The lawsuit alleges that these companies required their employees who primarily worked over the phone to conduct unpaid off-the-clock work before, during, and after their shift, violating the Fair Labor Standards Act (FLSA). 

If you were employed as a customer service representative at Elevance Health, Carelon, CareMore, BioPlus, or their associated subsidiaries, you may be able to receive compensation for your unpaid wages. Reach out to the class action team at Wallace Miller to learn more about federal and state labor laws and discuss your next steps.

Injury

Understanding FLSA violations

The lawsuit filed against Elevance Health, Carelon Health, and subsidiaries alleges that these companies violated the Fair Labor Standards Act (FLSA) as well as state wage-and-hour laws and common law. Under FLSA regulations, an employer has to pay employees for work “from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday.”  

In other words, employees must be paid for all time they spend on work-related activities. This includes pre-shift, mid-shift, and post-shift work, such as starting the computer, logging into work systems, and setting up computer applications. Employers are responsible for keeping records of the hours their employees work, including pre-shift and post-shift job-related activities. 

A computer, headset, and mouse on a plain brown desk.

Photo © Pixabay

Alleged wage-and-hour violations at Elevance Health

The class action claim alleges that Elevance and their associated companies failed to pay their employees for work tasks completed before and after their scheduled shifts and during unpaid meal breaks. Because these tasks had to be completed before workers had logged into the companies’ timekeeping systems, the agents weren’t paid for work that benefited the company. This includes time at base rates and overtime rates when agents worked more than 40 hours in a week. 

As part of the terms of employment, the defendants managed all aspects of the agents’ jobs, including logging attendance, tracking time, and setting policies and procedures. Employees clocked in and clocked out on their work computers using a timekeeping application. 

Workers at Elevance, Carelon, and other companies were required to be “call ready” the moment their shift started. This meant that employees had to perform off-the-clock tasks before the start of their shifts and would be evaluated and disciplined based on their adherence to this schedule. 

  • Essential pre-shift prep duties included: 
  • Turning on the computer 
  • Downloading updates as necessary 
  • Logging into the VPN 
  • Logging into systems and Microsoft programs 
  • Opening and setting up the browser 
  • Logging into the company database 
  • Logging into the timekeeping system 

Similar work was required when employees returned from lunch, violating federal laws governing meal breaks. At the end of their shifts, employees completed additional unpaid work after clocking out to shut down their computers and log out of work programs and applications.

All told, the lawsuit estimates that call agents conducted 18 to 20 minutes of unpaid work every shift. Over time, that adds up—an individual working five days a week would lose at least six hours of pay every month. 

This unpaid work directly benefited their employers. By failing to pay employees fairly for their time, the lawsuit alleges that Elevance and other companies did not act in good faith, breached their contracts, and broke federal and state law. 

Customer service employees seek damages in court

Through a federal lawsuit, call center workers, customer service workers, and other workers whose job duties were primarily over the phone are seeking an acknowledgment that their rights were violated and compensation for Elevance’s failure to pay correct wages. 

These damages include payment for: 

  • Unpaid back wages 
  • Unpaid overtime due to incorrect hours calculations 
  • Double damages, or additional compensation for unpaid wages 
  • Attorney fees 
  • Additional harm suffered by the plaintiffs 

Plaintiff & Defendant

Elevance Health, Carelon Health, and other defendants

Elevance Health is a health insurance company that runs managed care programs and related services. Headquartered in Indiana, it provides many types of insurance and oversees a complex network of subsidiaries and associated companies. Formerly known as Anthem, Inc., it rebranded as Elevance Health, Inc. in 2022. 

Carelon Health is a domestic corporation wholly owned by Elevance. As the company’s healthcare services division, it provides healthcare services, benefits management, and integrated care for Medicare and Medicaid patients. The company was known as CareMore Health until 2024, when it rebranded as Carelon Health, Inc. 

In 2023, Elevance acquired BioPlus, a comprehensive specialty pharmacy. Operating under Carelon, it provides pharmacy services for people with complex and chronic illnesses. 

Elevance and all associated companies employ customer service representatives and other remote call workers. The lawsuit, filed in the U.S. District Court for the Southern District of Indiana – Indianapolis Division, seeks to hold these organizations accountable for unfair labor practices and compensate employees for the wages they were owed. 

Photo © Pixabay

You may be able to file an FLSA lawsuit if you worked as a call center representative at:

  • Elevance Health
  • Anthem
  • Carelon Health
  • CareMore Health
  • BioPlus Specialty Pharmacy

Am I eligible to join the Elevance Health FLSA lawsuit?

Hundreds of people across the country have been employed by Carelon, Elevance, and other associated companies as call center workers, customer service representatives, or in analogous roles. These agents’ primary duties are over-the-phone customer service supporting clients, physicians, patients, and third parties.  

Under titles including Referral Specialist, Appeals Specialist, Customer Care Representative, Care Support Specialist, Authorization Representative, Patient Enrollment Specialist, Utilization Management Representative, Referral Services Assistant, and Pharmacy Customer Associate, they answer calls and act as points of contact for questions from patients and providers. 

You may be eligible to join the FLSA lawsuit against these companies if you: 

  • Worked as a customer service worker for Elevance Health, Carelon, CareMore, Anthem, or BioPlus; 
  • Were employed there at any time since May 2023; 
  • Worked full-time; and 
  • Were paid an hourly wage. 

If you have questions about participating in the class action lawsuit, reach out to our team. We can help you assess your ability to join the legal action and advise you on the best steps forward. 

Landscape

Photo from Pixabay

The Fair Labor Standards Act (FLSA) and collective action

The FLSA is a federal law that sets workers’ rights standards, including minimum wage, mandated breaks, overtime pay, disability benefits, child labor laws, and more. It establishes the national standards for employment in the U.S. and helps victims of unfair labor practices pursue justice. 

While state laws vary, many provide additional protections to workers. In Illinois, the Illinois Minimum Wage Law (IMWL), Illinois Wage Payment and Collection Act (IWPCA), and others enforce additional regulations, including a higher minimum wage. 

Under the FLSA and state laws, employees who believe they have been denied fair payment can bring class action lawsuits against their employer. These lawsuits are used when: 

  • Members of a potential class were employed in the same or similar positions 
  • Members of a potential class performed the same or similar job duties 
  • Members of a potential class were subject to the same or similar unlawful conduct 
  • The potential claims are based on the same facts and legal theories 
  • It would be impractical for people to pursue individual lawsuits 

Timeline

Latest Update

Latest Update

April 1, 2026

Lawsuit filed against Elevance Health, Carelon, and associated companies alleges violations of FLSA. 

A complaint filed in the U.S. District Court for the Southern District of Indiana – Indianapolis Division alleges that Elevance, Carelon, BioPlus, and others systematically underpaid their remote call workers. 



January 2024

CareMore Health rebrands as Carelon Health. 

CareMore Health, which provides medical services to patients on Medicare and Medicaid, rebrands to Carelon Health. 



February 2023

Elevance announces acquisition of BioPlus Specialty Pharmacy. 

Elevance acquires BioPlus, a pharmacy services company specializing in complex and chronic health conditions. 



June 2022

Anthem, Inc. rebrands as Elevance Health, Inc. 

As part of a push to simplify its healthcare offerings, Anthem rebrands as Elevance. 



2014

WellPoint changes name back to Anthem. 

As WellPoint continues to grow, it rebrands once again as Anthem, Inc. 



2011

WellPoint acquires CareMore Health. 

CareMore Health is acquired by WellPoint as part of the company’s continued growth. 



2004

Anthem merges with WellPoint Health Networks and changes its name to WellPoint, Inc. 

Anthem merges with major insurance provider WellPoint Health Networks and takes on the WellPoint name. 



2001

Anthem becomes a publicly traded for-profit company. 

After acquiring a number of other insurance companies, Anthem becomes a for-profit, publicly traded corporation. 

Q&A

What is the lawsuit against Elevance Health?

The class action claim filed against Elevance, Anthem, Carelon, and associated companies alleges that they failed to pay their employees for tasks completed before and after their scheduled shifts and during unpaid meal breaks.

Will my FLSA lawsuit go to trial?

Many collective and class action lawsuits reach a settlement before they go to trial. However, the legal team at Wallace Miller is prepared to do what it takes to achieve the best possible resolution for your case, including going to court. 

Do I quality for the Elevance FLSA lawsuit?

You may qualify for the FLSA lawsuit against Elevance and other companies if you: 

  • Worked at Elevance, Anthem, BioPlus, CareMore, or Carelon since May 2023; 
  • Worked as a customer service representative; 
  • Worked full-time; and 
  • Received an hourly wage. 

Our legal team can help you assess your work history and determine whether you may be eligible to join the litigation. 

Does the Elevance lawsuit affect overtime pay?

Yes, the Elevance lawsuit may affect overtime pay. Because workers weren’t compensated for off-the-clock duties, their hours were underestimated. In some cases, this means that employees did not receive the overtime pay they deserved for working more than 40 hours a week. 

What is the FLSA?

The Fair Labor Standards Act (FLSA) is a federal statute that sets workers’ rights standards, including minimum wage, mandated breaks, overtime pay, disability benefits, child labor laws, and more. It establishes the national standards for employment in the U.S. and helps victims of unfair labor practices pursue justice. 

What is a remote customer service agent?

A remote customer service agent is a customer service representative who works over the phone. While titles vary, these agents’ primary duties are speaking with customers and supporting patients, clients, doctors, and third parties. Job titles may include Referral Specialist, Appeals Specialist, Customer Care Representative, Care Support Specialist, Authorization Representative, Patient Enrollment Specialist, Utilization Management Representative, Referral Services Assistant, and Pharmacy Customer Associate. 

What compensation can I get from an FLSA lawsuit?

Civil lawsuits seek to compensate plaintiffs through damages, or monetary awards that make up for the losses they suffered. In an FLSA lawsuit, these damages may include unpaid back wages, unpaid overtime, and compensation for additional harm caused by the companies’ wrongdoing. 

If I join the lawsuit, can the company retaliate against me?

No. Federal law prohibits employers from retaliating against employees for asserting their rights under the Fair Labor Standards Act (FLSA), including participating in a wage and hour lawsuit. Retaliation may be defined as termination, demotion, reduced hours, harassment, or other adverse actions. If retaliation occurs, additional legal remedies may be available. No, it is strictly illegal for your employer to retaliate against you for filing an FLSA lawsuit. Under Section 15(a)(3) of the Fair Labor Standards Act, employers are expressly forbidden from discharging, demoting, harassing, or discriminating against any employee for exercising their wage and hour rights. This may include cutting your hours, threatening you, reducing your pay and/or benefits, or terminating you.

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