Blumenthal, Nordrehaug & Bhowmik Scores Key Tentative Ruling in Class Action Overtime Lawsuit For Claims Adjusters – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik Appears on CNN “Money for Lunch”

by Norman B. Blumenthal on June 13, 2013

OvertimeBlumenthal, Nordrehaug & Bhowmik scored a key tentative ruling in a class action overtime lawsuit filed on behalf of claims adjusters and claims examiners.  The case, Associates, is currently pending in the Los Angeles Superior Court for the State of California, Case No. BC471005.

According to the lawsuit, Anne Marie Gentile worked for Keenan & Associates as a workers’ compensation claims adjuster/examiner.  Though the primary function of her job was not administrative, Keenan classified her and other Claims Adjusters/Examiners as exempt from overtime pay.  Facing a lawsuit for its misclassification, Keenan & Associates filed a motion for summary judgment, requesting the court to dismiss the lawsuit.  Los Angeles Superior Court Judge Michelle R. Rosenblatt tentatively* denied the summary judgment motion explaining that because the facts showed that Gentile “undoubtedly performed special or technical assignments and tasks requiring special training, experience or knowledge, there was enough triable question about whether the lead plaintiff's day-to-day tasks involved enough independent judgment to exempt her from overtime pay.”

Across the country claims adjusters are misclassified as administrative exempt from overtime pay as required by the Fair Labor Standards Act and the California Labor Law.  “This classification issue alone is worth 2 million jobs overnight.  Two million good jobs – claims adjusters, analysts, nurses, computer technicians – are affected,” said managing partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal.

Listen to the entire interview here.    Norman Blumenthal 03-18-13

 

* On May 28, 2013, the Honorable Judge Michelle Rosenblatt adopted her previous tentative ruling and denied Keenan & Associates' motion for summary judgment in a class action lawsuit alleging that Keenan failed to pay their Claims Examiners overtime wages.

 

Money for Lunch, hosted by Bert Martinez, airs on CNN radio in Houston and features influential people from the business and nonprofit world.

Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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