N&C Claims and Seibels

This case is brought by a former insurance claims adjuster who was employed by N&C Claims Service, Inc. (“N&C Claims”), Nicholas F. Ierulli, Pam Ierulli, and Seibels Claims Solutions, Inc.(“Seibels”). This case was filed in the United States District Court for the District of South Carolina, Columbia Division, and has been assigned to U.S. District Judge Cheryl (“Sherri”) Allen Lydon. The lawsuit alleges that the Defendants improperly classified her and other insurance claims adjusters as independent contractors when they were actually employees. Defendants first paid insurance claim adjusters a day rate, but Defendants improperly compensated them by making unauthorized deductions from their wages and failing to pay them for all hours worked. Defendants later began paying insurance claims adjusters an hourly wage but continued to improperly compensate them by failing to pay for all hours worked. Under both compensation models, Defendants failed to pay overtime wages for hours worked over forty in a workweek. The lawsuit alleges that Defendants violated state and federal law by failing to pay insurance claims adjusters overtime wages, failing to pay them for all hours worked, and by making unauthorized deductions from their wages. This case seeks to compel Defendants to pay insurance claims adjusters an amount equal to three times their back wages. Click here to read the complaint that has been filed with Court.

Status Reports

Settlement — Posted November 21, 2022

The parties have come to an agreement-in-principle 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.

Please be patient—we will provide further updates as the process progresses and all opt-ins will receive individualized formal notices of the settlement when they are ready.

Post-Mediation Case Update — Posted June 3, 2022

The parties met with Mediator Franklin Shuler Jr. in Columbia, SC on Wednesday, 6/1/2022, to discuss the possibility of settling the claims. Despite lengthy negotiations, the mediation did not result in settlement. We will continue to negotiate with defendants in the coming days and weeks. In the meantime, we will continue to litigate the case—scheduling depositions of N&C and Seibels, as well as some plaintiff representatives, and getting additional data and materials from the defendants in the discovery process.

Court-authorized Class Notice Issued — Posted January 31, 2022

Court-authorized notice issued today via email to eligible class members, informing them of the case, explaining how their rights may be affected, and providing options about how they might respond. You can view and complete the notice and the consent form here.

Case Update – Posted January 4, 2022

On 12/29/2021, the court granted plaintiffs’ motion for conditional certification of a collective action and authorized Plaintiffs to email notice to potential opt-in plaintiffs informing them of the action and the opportunity to join. The notice is being finalized by the parties and should go out soon—we will update here when notice is sent.

Case Update – Posted October 26, 2021

On Friday October 22, 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 were unable to reach an agreement at the mediation. While we did not 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 are awaiting a ruling on our motion for conditional certification, which was fully briefed on June 10, 2021. We will post any new developments here.

Case Update – Posted October 1, 2021

On May 3, 2021, plaintiffs filed our motion for certification of a collective action. Defendants responded on May 27, (N&C’s response; Seibels’ response), and plaintiffs replied on June 11. Now fully briefed, we await the court’s decision. If the Court grants this motion, Plaintiffs would be permitted to distribute Notice of this lawsuit to everyone who is eligible to join.

In the meantime, we have scheduled a mediation between the parties to try to resolve the claims. The parties will meet on October 22 with mediator Hon. Allyson Duncan (Ret.).

Watch this page for updates—and if any of your contact information changes, please email jsherwood@getmansweeney.com or call our office at 845-255-9370.

Amended Complaint- Posted February 10, 2021

On February 8, 2021, Getman, Sweeney & Dunn, PLLC filed a First Amended Complaint on behalf of the plaintiffs. This means that the original form of the complaint has changed. The amended complaint names Seibels Claims Solutions, Inc. as a defendant, and does not name Seibels Services Group, Inc. as a defendant. You can read a copy of the First Amended Complaint here.

Answers to Common Questions - Posted February 10, 2021

Which employees can be part of this lawsuit?

All persons who have worked for N&C Claims Services, 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 December 16, 2017 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”), failure to pay for all hours worked under South Carolina Payment of Wages Act (“SCPWA”), and illegal deductions from pay under the SCPWA. The specific violations claimed are that Defendants failed to pay their employees proper overtime, did not pay their employees for all the hours they worked, and made illegal deductions from 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 under the SCPWA include three times the amount of unpaid wages, prejudgment interest, 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. The SCPWA allows those claims three years back from the date the Complaint was filed.

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 both the FLSA and the SCPWA, if Plaintiffs recover back wages, Defendants must pay Plaintiffs’ costs and attorneys’ fees.

Can N&C Claims Service, Inc, Nicholas F. Ierulli, Pam Ierulli, 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.

Case Inquiry

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.