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 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 has settled cases on behalf of Insurance Adjusters against Anchor Insurance and Lozano Insurance Adjusters, click here to see the details, and also against Alamo Claims Service and State Farm for these practices. Click here to see the case details. We are currently pursuing action against N&C Claims and Seibels as well as Burton Claims Service and Seibels.
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 overtime pay 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. You can also complete the survey to the right and that will help us evaluate your claims.
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 information needed by filling out the Industry Inquiry form.
Take this short survey to find out if you might be entitled to overtime