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Farmers’ Adjusters File Overtime Lawsuit

PHILADELPHIA — Auto claims adjusters for Farmers Group Inc. recently brought a putative overtime pay class action against the company in Pennsylvania federal court. The claims adjusters allege the company failed to pay them for all the hours they worked, a violation of the Fair Labor Standards Act (FLSA). The plaintiffs seek to represent close to 1,000 Farmers employees in a collective action under the FLSA. The employees come from every state except California. The plaintiffs also seek to represent more than 50 employees in Connecticut and Pennsylvania under each state’s labor laws.

The Auto Adjusters’ Claims

Seven former Farmers employees brought their lawsuit on behalf of themselves and other claims adjusters, appraisers, and representatives who were allegedly denied compensation, including overtime, for all the hours they worked. The claims adjusters allege they were not paid for the time they were required to spend preparing for the day’s assignments prior to clocking in. According to their the, many essential responsibilities, such as inspecting vehicles in the field and determining if the damage is covered by policy, required preparation each morning.

Preparation also included activities like logging in to the company’s system to receive their daily assignments, planning routes, traveling to their first inspections, handling necessary paperwork, and contacting policyholders and body shops. Each of these activities was allegedly expected to take place off-the-clock. The employees estimate their off-the-clock work amounted to between 30 and 60 minutes each day, which would account for between two and a half to five hours a week of unaccounted work for employees working a five day week.

Work Preparations

The FLSA does not require that all work-related actions or responsibilities be included in an employee’s “hours worked.” Commuting to work and entering a facility is generally not counted as work time, even though it is a necessary activity. If the action is a necessary part of the employee’s specific job duties, the courts and the FLSA consider time spent on those actions as “work time.” For instance, claims adjusters’ travel times to and from the locations where they inspect damaged vehicles, and time spent receiving assignments, are specific requirements for their jobs, and should count toward their “hours worked.”

It is not always easy to determine what should and should not be counted toward “hours worked.” If you believe your employer is not compensating you for all the hours you worked, our experienced team of overtime pay lawyers can discuss your situation and options with you. Contact us today at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. You will not be billed for legal fees or other costs unless you receive a settlement.

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