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.
Settlement Notice Mailing - Posted July 10, 2020
We mailed the settlement notice out to all opt-ins on July 9, 2020. You should receive a copy in the mail soon. You can also view the notice here. If you have moved or changed your contact information as compared to what is indicated in the notice, please contact Julia Friday at firstname.lastname@example.org to make sure we have your current contact information on file.
Preliminary Approval Recommended - Posted June 24, 2020
The Magistrate Judge issued a report and recommendation that the District Judge grant preliminary approval of the settlement. You can view a copy here. If no party objects to the Magistrate Judge’s report within two weeks, the report becomes a final order. As the motion for preliminary approval was a joint motion, we do not expect any objection from defendants. During the two-week period, we will be working on preparing the notice for dissemination, including calculating individual recoveries based on full participation by all Plaintiffs. The settlement allows any Plaintiff to “opt out”; that is they can elect not to participate. Plaintiffs who opt out will be in the same legal position that they were in when they joined the case and can pursue their claims separately. As people who participate in the settlement share a set settlement fund, recoveries for those who participate will increase if some people choose to opt out of the settlement.
Status Update – Posted May 11, 2020
The settlement agreement was filed with the Court for preliminary approval on May 1. You can view a copy of the settlement agreement here. If the Court grants preliminary approval of the settlement terms, notice will be sent to all the opt-in plaintiffs informing them of the terms of the settlement and their potential recovery, if they participate. The allocation of the settlement fund is based on each individual plaintiff’s weeks of work, hours of work within each week, and their pay. That is, each Plaintiff who participates in the settlement will receive a proportion of the settlement based on their own work and pay history. The settlement also provides that any Plaintiff who does not want to participate in the settlement can opt out and pursue their claims against the defendants. Non-participating Plaintiffs will be in the same position they were in vis-à-vis the Defendants as they were when they joined the case.
We will post another status update as well as send an email once we receive an Order from the Court.
Status Update -- Posted March 19, 2020
Defendants agreed to terms to settle the claims in this action in a manner that allows each Plaintiff to decide whether to accept an offer at this time or to continue litigating the claims (the “Settlement Terms”). The Parties asked the Court to stay the case while they finalize a settlement agreement and present it to the Court for approval. The Settlement Terms require Defendants to make a settlement payment into an escrow account to protect the funds while the process for Court approval takes place. Defendants have not yet made the required settlement payment.
If the settlement goes through, the Plaintiffs will ask the Court to order notice sent to each Plaintiff informing her or him of the amount of her or his individual recovery if all Plaintiffs participate in the settlement, and her or his right to opt-out of the settlement. Plaintiffs who opt-out of the settlement retain all their rights against the Defendants and may continue to pursue their claims on an individual or collective basis.
We will continue to post here as the case develops.
Mediation Update – Posted January 30, 2020
On January 28, 2020, Getman, Sweeney & Dunn attended a mediation session with Defendants attorneys and representatives in Tampa, FL. Unfortunately, we did not reach a settlement. We are continuing to litigate the claims.
Update Regarding Notice Period Close, Upcoming Mediation: October 28, 2019
To date, more than 65 people have joined the case.
The deadline for class members to join the case is next Tuesday, November 5. After that date, Defendants have seven days to provide wage-and-hour data for the people who have joined. Plaintiffs then have 30 days to present a settlement demand to the Defendants.
A mediation is currently scheduled for Tuesday, January 28 in Tampa, FL.
Update: September 6, 2019
Notice of the Collective Action Lawsuit was granted on September 5, 2019 (read order here) and our office has mailed it out today.
The FLSA Notice can be viewed here.
Post-Mediation Update: August 5, 2019
To date, we have received 26 consents to sue – thank you!
Counsel for Plaintiffs and Counsel for Defendants met on Monday, July 29, 2019 in Tampa, FL where the parties discussed potential settlement of the claims. Although the parties did not settle, they agreed to continue settlement discussions as well as to a process designed to try to settle the claims in the case before continuing with litigation.
The proposed schedule for the process is as follows:
- By August 8, 2019, the Parties shall file a joint motion to send FLSA notice to the Individuals who worked for Lozano Claims Adjusters in Florida as licensed insurance claims adjusters and who were classified as independent contractors, paid a day rate for their work, and not paid overtime wages for hours worked more than 40 in a week between April 4, 2016 and the date of final judgment in this matter.
- Within seven days of the Court’s Order approving the notice and process, Defendants will provide Plaintiffs’ counsel with the FLSA Collective members’ names and contact information; seven days after receiving the Notice List, Plaintiffs shall send the notice to the FLSA Collective members.
- FLSA Collective Members shall have 60 calendar days from the issuance of notice to join their claims to the action.
- Within seven days of the end of the Notice Period, Defendants shall provide Plaintiffs’ Counsel with certain agreed upon data needed to determine individual FLSA Collective members’ damages.
- Within 30 days of receiving the complete Settlement Data, Plaintiffs shall present a settlement demand to the Defendants and the parties shall schedule a mediation to resolve the claims in the case.
- Within ten days of the conclusion of the mediation, the Parties shall report the results of the mediation to the Court.
The Court approved the Parties’ proposed schedule today. You can view a copy of the proposed schedule here.
Please continue to check the website for future updates.
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.
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.