Commonly asked overtime pay law questions about Berkshire Hathaway:
- What Does Berkshire Hathaway Do?
- Who Does Berkshire Hathaway Employ?
- Where is Berkshire Hathaway Located?
- Berkshire Hathaway Overtime Pay Lawsuit News
- What are the Laws for Berkshire Hathaway Employee Overtime Pay?
- Is a Berkshire Hathaway Employee Entitled to Overtime Pay?
- Does Berkshire Hathaway Have to Pay Overtime Wages to its Employees?
- Has Berkshire Hathaway Been Involved in Overtime Pay Lawsuits?
- Berkshire Hathaway Overtime Pay Lawyer Review
What Does Berkshire Hathaway Do?
Berkshire Hathaway Insurance is the insurance arm of Berkshire Hathaway Inc., an American multinational based out of Omaha, Nebraska. The company has acquired several other insurance companies in the last few years and emerged as one of the leading insurance companies in the United States.
Some of the acquired companies include GEICO, Gen Re, and NRG, among others.
Who Does Berkshire Hathaway Employ?
Berkshire Hathaway Insurance has a wide range of insurance employees that may be entitled to overtime pay, including:
- Claim Adjusters
- Property Damage Inspectors
- Vehicle Damage Inspectors
- Assistant Managers
- Claims Representatives
- Field Representatives
- Call Center Employees
- Customer Care Specialists
- Inbound Sales
Where is Berkshire Hathaway Located?
Berkshire Hathaway is based out of Omaha, Nebraska, but the company and its subsidiary organizations have offices throughout the United States. Some of the locations include:
- Atlanta, Georgia
- Chicago, Illinois
- Dallas, Texas
- Denver, Colorado
- Pasadena, California
- San Diego, California
- San Francisco, California
- Seattle, Washington
- St. Louis, Missouri
Berkshire Hathaway Overtime Pay Lawsuit News
What are the Laws for Berkshire Hathaway Employee Overtime Pay?
Under the Fair Labor Standard Act (FLSA), many Berkshire Hathaway employees are considered non-exempt and therefore entitled to overtime pay.
If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.
The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “adminstrative” or “professional” roles may fall under these exemptions.
It is important to note that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.
On top of the FLSA, some states have their own overtime pay laws, such as laws that regulate the number of hours an employee can work within 24 hours before receiving overtime. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.
Is a Berkshire Hathaway Employee Entitled to Overtime Pay?
Berkshire Hathaway Insurance employees often work long hours every week handling claims and assisting customers for the insurance company. This is especially true when natural disasters occur or other events that give rise to a large number of claims at the same time. As a result, many Berkshire Hathaway employees end up working more than 40 hours per week, and are therefore entitled to overtime pay.
Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not a Berkshire Hathaway employee falls under the “administrative” or “professional” exemptions is determine based on job description, job duties, rate of pay, and number of hours worked.
Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers, claiming that they are exempt when, in reality, they are not. Berkshire Hathaway may also require their employees to report to work early or complete tasks outside of work, as client needs and insurance claims are not always on a schedule.
Some insurance companies do not compensate employees for these hours.These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.
An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from Berkshire Hathaway.
Does Berkshire Hathaway Have to Pay Overtime Wages to its Employees?
In many cases Berkshire Hathaway is required to pay overtime wages to employees that work more than 40 hours in one week. In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training.
This excludes employees who are considered exempt under the FLSA.
Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.
If you believe that Berkshire Hathaway owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.
To determine whether you are eligible for filing a wage claim, contact our experienced Berkshire Hathaway Overtime Pay Lawyers at (855) 794-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.
Has Berkshire Hathaway Been Involved in Overtime Pay Lawsuits?
Over the past several years, current or former insurance company employees have brought a number of lawsuits against the company in an effort to reclaim lost overtime wages. Specifically, Geico, which is owned by Berkshire Hathaway, has been the subject of several lawsuits.
For example, in a 2014 case, Geico telephone claims adjusters allege the insurance company misclassified them as exempt under the Fair Labor Standards Act (FLSA) which meant they were wrongfully denied overtime wages.
GEICO claimed the claims adjusters were exempt because, as telephone claims adjusters, their job was to evaluate policyholder phone calls to determine which portion, if any, of the accident claim GEICO would cover. The company claims this required both discretion and independent decision making which could greatly affect the company.
The district court agreed with GEICO and granted the company’s request for summary judgment.