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Insurance Investigator Overtime Lawsuits: Wage & Hour Laws

Insurance Investigator Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about insurance investigators:

What Is an Insurance Investigator?

Insurance investigators, sometimes called claims investigators, examine insurance claims that are suspicious or called into question for some reason. Investigations are usually conducted to combat fraud, but can also be done to simply confirm the circumstances of a claim.

What is the Salary Range for an Insurance Investigator?

Depending on the work setting and state where insurance investigators are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, insurance investigators made between $37,540 and $95,760, with the average annual salary being approximately $65,000.

How Many Insurance Investigators Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
274,420 1.3% $31.24 $64,990 0.7%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for an insurance investigator is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $18.05 $23.09 $30.62 $37.97 $46.04

Where Are Most Insurance Investigators Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 32,540 2.04 1.04 $32.44 $67,470
New York 20,520 2.26 1.15 $32.32 $67,220
Florida 20,020 2.44 1.25 $29.71 $61,800
Texas 19,650 1.67 0.86 $33.99 $70,700
Pennsylvania 14,240 2.48 1.27 $29.98 $62,360

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What are the Laws for Insurance Investigator Overtime Pay?

Unfortunately, most insurance investigators and claims investigators are not protected under the Fair Labor Standard Overtime Laws (FLSA).

A federal court recently ruled that insurance investigators who work for insurance companies are exempt administrative employees who are not entitled to overtime pay for working more than 40 hours in a week.  This is because they perform non-manual work that deals with the general business operations of their employers, and they exercise discretion in resolving suspicions of fraud.

However, it is important to note that your job title alone does not determine whether you are covered by the FLSA.  Instead, a court will consider the following factors in deciding whether an Insurance Investigator is entitled to overtime pay: amount of compensation; pay structure (hourly wage or salary); the employer’s production requirements; how much decision-making power the Insurance Investigator has; the nature of the employer’s primary business; and the Insurance Investigator’s other job duties.

Determining whether a particular Insurance Investigator is entitled to overtime pay is a complex question: many factors go into the decision, and your state’s laws may complicate the issue.  Because of this, it is best to consult an experienced attorney who can advise you on your case.

Is an Insurance Investigator Entitled to Overtime Pay?

According to a recent federal court ruling, insurance investigators and claims investigators who work for insurance companies are considered “exempt” administrative employees, which means they are not entitled to overtime pay for working more than 40 hours in a week. This is because they perform non-manual work that deals with the general business operations of their employers, and they exercise discretion in resolving suspicions of fraud.

However, your job title alone does not determine whether you are entitled to overtime pay. A court will evaluate your job duties and determine whether you are covered by the FLSA and entitled to these wages. Because of this, it is extremely important that you consult with an experienced overtime pay attorney to discuss your possible insurance investigator overtime pay lawsuit.

Does a Company Have to Pay Overtime Wages to an Insurance Investigator?

In many cases, an insurance company is not required to pay overtime wages to insurance investigators, as they usually fall under the FLSA’s “administrative” exemption.

However, it is important to note that your job title alone does not determine whether you are covered by the FLSA. Instead, a court will determine whether an Insurance Investigator is entitled to these wages by analyzing the following factors, among others: amount and structure of compensation; how much decision-making power the Insurance Investigator has; and the Insurance Investigator’s other job duties.

An experienced overtime pay lawyer will be able to analyze your case in the context of these laws and determine if your company owes you overtime wages.

What Companies Have Denied Overtime Wages to Insurance Investigators?

Our overtime pay lawyers frequently represent insurance investigators  and claims investigators in overtime pay lawsuits against their employers. Some of the largest employers of insurance investigators are insurance companies such as:

  • The Hartford Insurance Group
  • The Hanover Insurance Group
  • Progressive Insurance Group
  • Liberty Mutual Insurance Group
  • Farmers Insurance Group
  • Allstate Insurance Group

To determine whether you are eligible for filing a wage claim, contact our experienced Insurance Investigator Overtime Pay Lawyers at (855) 754-2795 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.

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