Collective action lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA) continue to proliferate at a dizzying rate. Many, if not most, of these suits challenge the classification of mid-level, white-collar jobs as exempt from the FLSA’s overtime pay requirements.
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While no employer is immune from this ongoing scourge of FLSA litigation, some industries are especially vulnerable, including many that are staples of the Connecticut economy. Among them are insurance companies, large retailers, fast-food and convenience store chains, drug manufacturers and financial services firms.
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Virtually every major insurer has been hit with a suit by adjusters claiming to have been misclassified as exempt. Generally, an adjuster qualifies for the administrative exemption if he or she is responsible for conducting interviews, inspecting damage and preparing estimates, evaluating coverage, determining liability, and negotiating settlements.
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White-Collar Workers Challenge Overtime Exemptions – Connecticut Law Tribune
