Employers use titles such as Analyst, Examiner, Handler, Specialist, Representative, and Adjuster to refer to employees in both exempt and non-exempt positions. Unfortunately, many of these positions have been misclassified as exempt from overtime pay when they really should have been classified as non-exempt and paid overtime.
The most important factor in determining whether employees are misclassified is the job duties of the employee. Generally, employees who 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, may not be exempt. When the work performed is largely comprised of data entry and the employee regularly uses company forms in performing the job duties and responsibilities; when the work is clerical in nature, and the employee does not generally exercise independent judgment or discretion in regard to matters of significance to the business, it is likely the position should be non-exempt and the employee paid hourly. 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 employees 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, these employees 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, employees 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 those who are still employed 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 employees processing claims. If you work or worked for any of the following companies you may have a claim:
AAA
Aetna
Aflac
Allstate
American Family
American National
Auto Club Insurance Co.
Chubb
Dairyland
Erie
Farmers Insurance
Federated Mutual
Fidelity
Geico
General Casualty
Globe Life
Grange Insurance
Hanover
Hartford Fire Insurance Company
Horace Mann
Indiana Farm Bureau
Insuranceland
Kemper Corporation
Liberty Mutual
Lincoln Financial
MetLife
MetLife Home & Auto
Motorist Mutual
Nationwide Insurance
New York Life
Ohio Casualty
Oracle
Pekin Insurance
Progressive Casualty Insurance Co.
Prudential
QBE
Royal
Saint Paul
Sedgwick Claims Management Services, Inc.
State Auto
State Farm
Sentry
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 to be 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 employees act quickly.
If you think you may have an overtime claim, contact Lytle & Barszcz today to learn more. Our Consultations are Free.
All communications with our firm are confidential and privileged.