Superior Court Denies Motion from Insurance Broker Keenan & Associates for Summary Judgment in OT Action – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on May 2, 2013

Senior woman meeting with agentA Los Angeles Superior Court has denied insurance broker Keenan & Associates' motion for summary judgment in a class action overtime lawsuit.  According to the lawsuit, Gentile v. Keenan & Associates, filed by  the San Francisco employment law firm of Blumenthal, Nordrehaug & Bhowmik, Keenan misclassified Claims Examiners as exempt vs. non-exempt from California overtime requirements. The case is currently pending in the Los Angeles Superior Court for the State of California, Case No. BC471005.

Under California Labor Law, nonexempt employees who work more than 8 hours a day or 40 hours per work week are entitled to overtime pay payable at the rate of 1.5 times the employee’s regular pay rate.

According to Superior Court Judge Michelle R. Rosenblatt, who heard the motion, summary judgment could not be granted to Keenan because the facts showed that although Anna Marie 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.”

“This ruling will hopefully open the door to more lawsuits by other Claims Examiners allegedly shorted overtime pay by their employers,” said managing partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal.

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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