Lozano Claims Adjusters
This case is brought by Sheri Mosley, a former Lozano insurance adjuster, who was employed by Lozano Insurance Adjusters, Inc. The lawsuit alleges that the Defendants improperly classified her and other insurance claims handlers as independent contractors when they were actually employees. The lawsuit alleges that as a result of the misclassification, Defendants violated state and federal law by failing to pay Ms. Mosley and other insurance claims handlers overtime wages that should have been paid to employees, by requiring Ms. Mosley and other insurance claims handlers to pay Defendants’ expenses such as the employers’ share of taxes, and by failing to provide Ms. Mosley and other insurance claims handlers with the benefits provided to other employees. This case seeks to compel Defendants to pay Mosley and other insurance claims handlers their back wages and an equal amount of liquidated damages and pay them back for the expenses they incurred as a result of the misclassification. Click here to read the complaint.
If you worked for any of the Defendants as an insurance claims handler in any of the departments (CAT, desk adjuster, appraisal, litigation, etc.) at any time since April 3, 2016, you can join this case to recover back wages and liquidated damages. To have your federal overtime wage claims included in the case, you must file a consent to sue. You can fill out a Consent to Sue and return it to Getman, Sweeney & Dunn. We will file it with the court on your behalf. You can find the Consent to Sue form here.
This case was filed in the Middle District of Florida court, Jacksonville Division.
How to Join this Case
If you have also worked for this defendant you can join this case by downloading and filling out the Consent to Sue form and faxing, emailing, or mailing it to Getman, Sweeney & Dunn. You need the free Acrobat Reader installed to view the form.
Answers to Common Questions - Posted May 28, 2019
Which employees can be part of this lawsuit?
All persons who have worked for Lozano Insurance Adjusters, Inc. in Florida as insurance claims handlers since April 4, 2016, who were classified as independent contractors and paid a day rate for their work.
What work locations are covered by this lawsuit?
The claims in this lawsuit cover Lozano Insurance Adjusters, Inc.’s Florida worksites.
What claims are covered in this case?
The lawsuit at present covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under Florida state law. The specific violations claimed are that Defendants misclassified Insurance Adjusters as independent contractors and failed to pay them overtime wages, and for all hours worked and required them to incur expenses that the Defendants are required to pay.
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. Damages for the Florida state law claims include reimbursement for expenses.
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 when we win through a settlement or final judgment. Under both the FLSA, when plaintiffs win an overtime case, defendants must pay the plaintiffs’ costs and attorneys’ fees.
Can Lozano Insurance Adjusters, Inc., Frank or Lissette Lozano, or Anchor Insurance Holdings, Inc. fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffered retaliation, Defendants would be liable for additional monetary damages and may suffer criminal penalties.