Law

Insurance Investigator Overtime Lawsuits

Overtime pay is often a contested issue in insurance investigations, especially in states that have implemented new laws that require employers to provide overtime pay. It’s possible for an investigator to be subject to overtime claims even in states that don’t require such overtime. In many cases, insurance investigators may be able to claim overtime pay if they have performed overtime-related tasks at least twice a month.

OSP Prevention Group workers were “primarily engaged in factfinding investigative work”

OSP Prevention Group workers, such as Philip Fowler and Jeffrey Swans, were not part of the company’s management or general business operations. Instead, they were engaged in “production” work, which is not directly related to running or servicing OSP’s business. While these workers were essential to the company’s overall functioning, their jobs were not considered management duties.

Fowler and Swans worked for OSP as property damage investigators. The company contracts with broadband service providers to investigate damage to their facilities then tries to collect money from those who cause the damage. Swans filed FLSA claims against OSP on behalf of the broadband service provider, saying the employees were not “primarily engaged in factfinding investigative work.”

OSP Prevention Group workers were not administrative employees

The Eleventh Circuit Court of Appeals recently ruled that OSP Prevention Group property damage investigators are not administrative employees. Rather, they are workers performing production and not administrative services. Overtime pay is required by law for employees who work more than 40 hours a week. In Fowler v. OSP Prevention Group, the court considered whether the plaintiffs performed administrative services or production work. Overtime pay is required by law for all employees, but the Fair Labor Standards Act exempts administrative employees from this requirement.

OSP Prevention Group workers were not exempt from overtime pay

The lawsuit arose from OSP Prevention Group’s misclassification of its employees as exempt under the Fair Labor Standards Act. Workers were misclassified as exempt when they were not, and this resulted in the dismissal of their overtime claims under the FLSA. In Fowler v. OSP Prevention Group, Inc., the company’s lawyers argued that the plaintiffs were exempt from overtime pay because their duties were essential to the business’s management and general operations.

The case was appealed and found in favor of the plaintiffs. The Eleventh Circuit affirmed the district court’s ruling, saying that the property damage investigators were not administrative employees, but rather were production employees subject to overtime pay. However, in the same decision, the court noted that this case does not directly address the broader issue of whether or not property damage investigators were exempt from overtime pay.

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