Burton Claim Service and Seibels
This case is brought by a former insurance claims adjuster who was employed by Defendants Burton Claim Service, Inc and Seibels Claims Solutions, Inc. The lawsuit alleges that Defendants violated the federal Fair Labor Standards Act (“FLSA”) by failing to pay Named Plaintiff and other insurance claims adjusters overtime wages. We filed this case in the United States District Court for the District of South Carolina, Columbia Division. The lawsuit alleges that the Defendants improperly classified insurance claims adjusters as independent contractors when they were actually employees. Defendants paid insurance claim adjusters a day rate; however, Defendants made deductions to the day rate if the adjusters worked fewer than their scheduled hours. As a result, Defendants failed to pay overtime wages for hours worked over forty in a workweek. This case seeks to compel Defendants to pay Named Plaintiff and other insurance claims adjusters the unpaid wages, and an additional and equal amount as liquidated damages. Click here to read the complaint that has been filed with the Court.
Getman, Sweeney & Dunn is representing plaintiffs along with local counsel Blaney A. Coskrey, III of Coskrey Law Office in Columbia, SC.
Settlement — Posted March 3, 2023
We are pleased to report that the parties have come to an agreement to settle the claims of the Named Plaintiff and Opt-Ins.
Over the coming weeks, the parties will continue the work finalizing the terms and details of the settlement.
We will provide further updates as the process progresses.
Mediation Session and Case Status – Posted February 6, 2023
On Thursday 2/2/2023, the parties met with Mediator Franklin Shuler Jr in an attempt to resolve the claims. The parties were unable to reach a settlement during the mediation session. We will continue to work with the mediator but we will resume the litigation process, beginning with discovery. The next steps will be scheduling depositions of the defendants, and the parties will continue to exchange documents.
Court Grants Conditional Certification! – Posted September 27, 2022
On August 10, 2022, the court granted Plaintiffs’ motion to conditionally certify a FLSA Collective Action and to issue notice to those people eligible to join the case. The notice was mailed and emailed on September 8th. Those eligible to join will have 45 days to respond.
Case Update – Posted September 30, 2021
On Friday, September 24, 2021, the parties met with a mediator to try to resolve the case. While we worked hard to resolve the claims, we remained far apart and we were unable to reach an agreement at the mediation. While we didn’t settle on Friday, we remain open to further negotiations and will continue to advocate for a fair settlement. In the meantime, we will continue to litigate the case; we filed a motion for conditional certification on Tuesday, September 28th. We will post any new developments here.
Case Update -- Posted August 5, 2021
The parties were scheduled for mediation on August 9, 2021. Unfortunately, the mediation date has been postponed to September 24, 2021, due to Burton Claim Service’s unexpected scheduling conflict. The parties will work with mediator Carlos J. Burruezo, Esq. of Burruezo & Burruezo, PLLC. The Court agreed to extend the previously granted stay to account for the new mediation date. Also, the Fair Labor Standards Act statute of limitations continues to be tolled for any class members who have not filed a consent to sue form yet. However, class members who haven’t joined the litigation yet can still file a consent to sue form.
Case Update -- Posted June 14, 2021
Today the Court granted the parties a short stay to try to resolve this case. The Court also agreed to toll the Fair Labor Standards Act statute of limitations for any class members who haven’t filed a consent to sue form yet. You can find a copy of the order here. The parties will work with mediator Carlos J. Burruezo, Esq. of Burruezo & Burruezo, PLLC. The mediation is currently scheduled for August 9, 2021.
Answers to Common Questions - Posted February 27, 2021
Which employees can be part of this lawsuit?
All persons who have worked for Burton Claim Service, Inc. and Seibels Claims Solutions, Inc. in South Carolina as insurance adjusters and who were classified as independent contractors and were not paid overtime wages for hours worked more than 40 in a week since February 26, 2018 can ask to join this case by filling out and signing a Consent to Sue form and returning it to Getman, Sweeney & Dunn, PLLC.
What claims are covered in this case?
The lawsuit at present covers claims for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”). The specific violations claimed are that Defendants failed to pay their employees proper overtime.
What damages are sought?
Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case.
How far back can claims be made?
Generally, under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue Form is filed with the Court. Defendants will be entitled to argue that its violations were not willful and that its claims should be limited to only a two-year period preceding the filing of your Consent to Sue.
How do I join the case?
To bring claims under the FLSA for back overtime wages and an equal amount of liquidated damages in this action, you must affirmatively join the case. You can do so by completing a Consent to Sue Form and sending it to Getman, Sweeney & Dunn for filing.
Can I wait to file my Consent to Sue form?
You are not part of the FLSA case until your Consent to Sue Form is filed. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the statute of limitations. You can complete this Consent to Sue Form and send it to Getman, Sweeney & Dunn for filing.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. Under the FLSA, if Plaintiffs recover back wages, Defendants must pay Plaintiffs’ costs and attorneys’ fees.
Can Burton Claim Service, Inc. and Seibels Claims Solutions, Inc. fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, Defendants would be liable for additional monetary damages and may suffer criminal penalties.
Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that if you would like to join the lawsuit, you must fill out the "Consent to Sue" form linked in the "How to Join this Case" section.