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Insurance Adjusters are often not paid overtime wages even though they should be. In some instances, employers misclassify Insurance Adjusters as “independent contractors” when in fact they are really “employees” and entitled by law to overtime wages. Whether someone is a true “independent contractor” or an “employee” depends not on how an employer or a contract defines your position, or on how you are paid (per day, per job), or even how your pay was reported (1099). Instead, your status is determined by law, and a careful analysis of a number of variables about your job will lead to a determination of whether you are an independent contractor or an employee. If you are determined to be a non-exempt employee, the law requires your employer to pay you overtime wages for any hours over 40 that you work in a week. Getman, Sweeney & Dunn recently brought claims on behalf of Insurance Adjusters against Alamo Claims Service and State Farm for these practice. Click here to see the case details.
Even companies that treat Insurance Adjusters as employees often don’t pay them overtime. In those cases, the employer misclassifies adjusters as exempt from the legal overtime requirements. But there are very strict standards that employers must meet to deny employees overtime. Employers do not always meet those requirements and when they don’t, they should pay overtime wages.
If you work or worked as an Insurance Adjuster and did not receive overtime pay, you may be able to recover your back overtime wages plus liquidated damages. Call us, and we will help you determine your rights. The call is free and confidential.
If you work in this industry and would like to speak with us about whether you were paid all wages you were owed, please send us the following information: