We encourage all Analysts who process insurance claims to contact our firm as these employees may have overtime claims against their current or former employers.
While we use the term “Analyst,” employers may use a myriad of different titles to describe such employees, including Examiner, Handler, Specialist, and Adjuster. The most important factor is the type of work these employees are performing. Generally, Analysts help process financial information and insurance claims, including PIP claims, long-term disability claims, short term disability claims, and claims for worker’s compensation benefits or other benefits. Analysts’ work is largely comprised of data entry and Analysts regularly use company forms in performing their job duties and responsibilities. The work is clerical in nature, and Analysts do not generally exercise independent judgment or discretion in regard to matters of significance to the business. This description is only illustrative and is not meant to be exhaustive. We encourage any individual who believes they perform work which is similar to the above, even if not identical, to contact our firm to discuss the matter with an attorney.
Some companies have misclassified salaried Analysts as “exempt” from overtime pay – or in other words, have taken the position that under the Fair Labor Standards Act (“FLSA”) these employees are not entitled to time and a half pay for hours worked in excess of forty hours in a single workweek. In the past, Analysts may have been exempt employees because they fit the description of “administrative professionals” under the Act. However, over the years, and aided in part by the evolution of technology, computers, and implementation of processing software, Analysts exercise less discretion and independent judgment in their day to day activities. As such, in many instances theses employees should no longer be considered “administrative professionals” and should be receiving overtime pay when working more than forty hours in a single workweek.
If you feel you may fall within this category, please contact our firm. After receiving your inquiry, we can set up a time for you to speak with one of our attorneys. There is no cost to talk to an attorney, and you are not obligated to file a lawsuit after speaking with one. As discussed above, it is an employee’s job duties and responsibilities which ultimately determine whether that employee is entitled to overtime pay under the FLSA, and for that reason the attorneys need to speak to you to learn more about the same.
We understand that many currently employed Analysts have concerns regarding retaliation; however, Federal law strictly prohibits employers from retaliating against employees who exercise their legal rights or report potential labor law violations.
At this time, we have reason to believe that the following companies may have misclassified their Analyst employees. If you work or worked for any of the following companies you may have a claim:
- Aetna
- Allstate
- American Family
- American National
- Chubb
- Erie
- Indiana Farm Bureau
- Farmers Insurance
- Federated Mutual
- General Casualty
- Grange Insurance
- Hartford Fire Insurance Company
- Horace Mann
- Kemper Corporation
- Liberty Mutual
- MetLife
- MetLife Home & Auto
- Motorist Mutual
- Nationwide Insurance
- Ohio Casualty
- Oracle
- Pekin Insurance
- QBE
- Royal
- Saint Paul
- Sedgwick
- State Auto
- Travelers
- Twenty-First Century
- Unitrin
- USAA
- Utica Mutual
- Wausau, Westfield Group
- Zurich
This list is not intended to be exhaustive, and we encourage any individual who believes their job duties and responsibilities are similar to those described above to contact our firm, regardless of who the employer is.
If any of these companies are in violation of Federal and/or State overtime laws, their employees may have claims. The look back period for overtime violations is constantly running, and as such it is crucial that Analysts act quickly. To learn more about this and to discuss your potential overtime claim please contact Lytle & Barszcz today.