Case Continues for GEICO Security Investigators Seeking Overtime Relief After Misclassification – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on February 25, 2013

geicoThe lawsuit filed by former and current security investigators for overtime pay against insurance giant General Insurance Company, more commonly known as GEICO continues toward trial.  Calderon v. Geico.  In 2010, former and current security investigators filed suit against GEICO to recover overtime pay withheld by GEICO.  Plaintiffs subsequently filed a motion to Certify Class under Rule 23 which the Maryland court partially granted.  The court also set a trial date to determine how much GEICO owes the security investigators.

This lawsuit has been a severe slap against GEICO who for years treated their security investigators as administrative personnel exempt from overtime pay.  Under the Fair Labor Standards Act, non-exempt workers are entitled to overtime pay for hours worked in excess of eight hours a day, or forty hours a week.  Workers who perform tasks that are primarily administrative in nature are exempt from FLSA requirements.

Security investigators for GEICO assisted GEICO claim examiners in uncovering" the facts of a claim and how the claim was reported to GEICO.”  Approximately 90% of their time was spent on investigations, including determining any existence of fraud.  Though GEICO security investigators often work from home, they were required to report to a Supervisor, who reported to a Manager, who reported to the Assistant Vice President of Claims.

If you are a current or former GEICO employee and believe your rights have been violated, 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.

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