California Court of Appeals Holds Insurance Adjuster is not Exempt from Overtime Pay if Hourly Salary Paid by the Week Doesn’t Meet Guaranteed Minimum Salary Requirements – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on July 31, 2013

TimeThe Court of Appeal of the State of California, Sixth Appellate District has held that an insurance adjuster is entitled to overtime pay because his hourly salary doesn’t meet the guaranteed minimum salary requirements.  Negri v. Koning & Assoc.

Mark Negri was an insurance adjuster for Koning & Assoc.  Negri was paid $29 per hour.  Though Negri was only paid for hours worked, which always exceeded 40 and were closer to 60 according to Negri, Koning classified Negri as exempt from overtime pay.  Negri sued.  The trial court ruled for Koning and Negri appealed.  The appellate court reversed.

Because Negri was only paid for the hours he worked, he was not paid a guaranteed predetermined amount.  That the hours he worked always gave him a weekly compensation more than double the minimum wage (the minimum threshold amount of compensation to qualify for exempt status generally in California), was not relevant.  The fact that if he worked only a few hours a week, which would make his weekly pay less than double the minimum wage, was relevant.

If you are a worker misclassified as exempt from overtime pay, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a 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.

Leave a Comment


× 4 = twelve

Previous post:

Next post: