Altier vs Worley Catastrophe Class Action on Overtime issues by BP Adjusters settles under Confidential Terms

February 3, 2012

Thanks to www.law360.com  for posting an update on the Altier vs Worley Catastrophe Claims which confirms rumors that the two Altier cases (Lousiana and Federal Court) have settled which are the class action cases that adjusters working for Worley that worked BP claims filed regarding overtime issues / pay versus contract disputes.

The terms are confidential so don’t be bothering your claims associates for the details. Here is the link found when using their share button to Linkedin post for the full article:

http://www.law360.com/southeast/articles/296901

For further followup or questions- you can contact Worley for comment at www.worleyco.com or contact the law firm who handled the settlement and class action as all contact information can be found in the left hand corner of their website on this class action at www.worleyovertime.com where you will also see a link to the court documents in the left column which show the plaintiff adjusters who opted in as of June 2011. I don’t see the settlement information up on that site most likely due to the confidential terms of settlement.


Filed Court Documents on Class Action filed against Worley and BP by Adjusters on Overtime Issues/Daily Rate- Part II

February 11, 2011

We previously posted about the information learned about a Class Action lawsuit filed on behalf of BP adjusters working oil spill claims.

Here is a link to the original post if you missed it:

https://dimechimes.wordpress.com/2011/02/09/adjusters-handling-bp-claims-file-a-class-action-lawsuit-on-two-issues-overtime-pay-and-failure-to-receive-65-of-daily-fee-per-contract/

This post now contains the two Complaints filed by the adjuster seeking to represent the Class of adjusters who worked the claims:

Altier v Worley BP et al gov.uscourts.laed.145020.1.0 This is the Complaint filed seeking Class Action on Overtime Pay Issues although they were independent adjusters working on a daily rate

Alteir v Worley only  This is the Complaint filed seeking Class Action on alleged failure to pay BP Adjusters 65% of the daily rate they received per Adjuster

Thank you to the source who provided the copies of the court documents. We will continue to follow this case and post updates as we learn them as we feel this is a significant case that all carriers and adjusting firms as well as adjusters will follow due to the daily rate/ employee vs independent contractor/ and overtime issues involved.


” Adjusters ” handling BP Claims file a Class Action lawsuit on two issues- Overtime pay and failure to receive 65% of daily fee per contract

February 9, 2011

Roy Cupps over at CADO posted this link in the forums there regarding a Class Action lawsuit filed by MS Attorney JP Hughes  (I could not locate a website for him but I’m working on it through network connections )on behalf of the adjusters handling the BP claims regarding two issues:

1) Overtime pay- working more than 40 hours per week and not receiving over time pay (they were on daily rate)

2) Alleged failure of adjusting firm to pay adjusters their 65% of the daily rate they were paid by the BP Fund

For complete details, here is the link:

http://www.courthousenews.com/2011/02/09/34026.htm

This is definitely a case to watch as it is standard for independent adjusters to receive a daily rate of pay for each day worked on a catastrophe or daily assignment where they agree to work for a stipulated daily rate for a given split of the daily rate. The rate these adjusters were paid is on the high end of the daily rate independents normally receive. I have no idea why this alleged adjuster would feel entitled to time and a half for hours worked over 40 hours unless the contract indicated the daily rate was for a given 40 hours which is unheard of in the claims industry for independents working on assignment.

I am very curious if this person was actually one of the actually non claim folks working on BP claims. I have actually been told by several were working in field offices that BP Csar Ken Feinburg changed adjuster job titles to “evaluators” when he took over. If that is true, do you think that the prior findings of the Fair Labor Standards commission would differ on findings on this class action?

If you missed our prior several blogs on overtime issues and adjusters, here are links to prior blogs on the topics and prior decisions on some of these cases:

https://dimechimes.wordpress.com/?s=Overtime

https://dimechimes.wordpress.com/2010/02/27/supplemental-info-on-geico-auto-adjuster-overtime-issues/

https://dimechimes.wordpress.com/2010/02/02/fenton-et-al-v-farmers-insurance-exchange-no-07-4864-dc-mn-2009-mn-staff-claims-adjuster-overtime-decision/

https://dimechimes.wordpress.com/2010/01/06/geico-wins-case-on-overtime-issues-for-auto-adjusters-view-washington-post-article/

https://dimechimes.wordpress.com/2009/02/27/adjuster-overtime-issues-supplemental-info-from-none-other-than-attorney-gloria-allreds-current-news-letter/

https://dimechimes.wordpress.com/2007/09/24/insurance-adjuster-overtime-pay-issues-and-complaints-in-the-news/

Regarding the second issue of alleged failure of  Worley Adjusting firm to pay the agreed 65% split of the daily rate, I find that very hard to believe as they have such an excellent reputation for paying adjusters fairly in the claim industry which is remarkable considering the number of adjusters who have gone unpaid by unprofessional firms since Katrina. I assume we’ll be able to view the contract when documents are filed during discovery on the case to show first of all the daily fee Worley was receiving per “adjuster” as well as the independent contract terms they were using on this assignment. I’ll keep an eye out for those to make the records in the coming months.

There were many experienced adjusters who would gladly have deployed for the given rate of pay. In addition, adjusters working out of town at BP assignments were given daily per diem while working which is unheard of for independent adjusters working for insurance carriers so those who were lucky enough to be deployed were most thankful for the assignment.

I think this case will be closely watched by all insurance carriers who use independent adjusters on daily rates. I know I will be closely following it. You can as well by subscribing to this blog to watch for updates as we post them.

If you also want to follow this discussion going on over at CADO where Roy Cupps posted this information, here is the link to that topic forum discussion there:

http://www.catadjuster.org/Forums/tabid/60/aft/11695/Default.aspx#22348


Supplemental Info on Geico Auto Adjuster Overtime Issues

February 27, 2010

It is just amazing the great information found while experimenting with Twitter this month for use in the claims industry.

One of the great finds today is a detailed article explaining the overtime issues in the case that Geico recently won by Weil Gotshal  law firm.  Their newsletter with a pdf  link to their article can be found on page 4 using this link.

We recently blogged with a link to the Washington Post articleon Geico’s win on these auto adjuster overtime issues  in this prior blog.


Fenton, et al., v. Farmers Insurance Exchange, No. 07-4864, DC MN, 2009, MN Staff Claims Adjuster Overtime Decision

February 2, 2010

Here’s some information on an over time case involving a Farmer’s case, Fenton, et al., v. Farmers Insurance Exchange, No. 07-4864, DC MN, 2009 .

It sounds like an SIU (Special Investigation Unit arson fraud adjuster) Investigator won a decision in MN on adjuster overtime pay. According to this article, it was based on the fact their supervisor made the final decision if a case was fraud or not. It seems the states are across the board based on alot of other decisions I’ve posted on this blog. This is surprising since a claim supervisor making the decision on a claim file would be applicable on all claim files that exceed an adjuster’s authority, files to be denied,  and normally any coverage issue files as well.

For information on Fenton, et al., v. Farmers Insurance Exchange, No. 07-4864, DC MN, 2009, here is a link I found on today’s email update from a great site for HR that I subscribe to at http://www.thehrspecialist.com  

Here’s the link:

http://www.thehrspecialist.com/article.aspx?articleid=30351&cigx=d.n,stid.7491,sid.374530

This link will take you to all other blogs I’ve posted that included other claims adjuster overtime cases. This does apply to staff adjusters not independent adjusters. I’m curious if the independent adjuster classifications will be questioned as well with the 2010 concentration on employee versus independent classification we’ve been reading about.

https://dimechimes.wordpress.com/?s=overtime

Doing some additional web search for a link to the court documents on the Fenton vs Farmers case, I came across this link to an entirely different court finding in Farmers favor in 07. It sure is interesting comparing this to the Fenton case:

http://www.hreonline.com/HRE/story.jsp?storyId=9595529


Geico wins case on overtime issues for auto adjusters view Washington Post article

January 6, 2010

Geico has won a case on overtime issues for staff auto adjusters according to the following article posting on the Washington post here.

We have written several other blogs here on staff adjuster overtime issues if you want to view them here.


Adjuster Overtime Issues Supplemental Info from none other than Attorney Gloria Allred’s current news letter!

February 27, 2009

Speaking of reading interesting information found on the internet! I found this information on Gloria Allred’s law firm website. If you are a Greta Vansustern  fan on Fox News (9 pm CST week nights) you will definitely recognize her. This is a post she has on her current newsletter about overtime and wage and hour issues you will find interesting:

http://www.amglaw.com/CM/News/eNewsletter.asp

Here is a link to our prior blogs on Adjuster overtime issues. One of these days we’ll get a great employment attorney to answer adjuster questions on overtime issues. (Gloria…..hint we are a big fan of Foxnews but this is a  volunteer free non income producing volunteer effort blog trying to educate trainee independent adjusters with no ads so we need pro bono-smile! ):

https://dimechimes.wordpress.com/2007/09/24/insurance-adjuster-overtime-pay-issues-and-complaints-in-the-news/

**Update 2/27 4 pm CST:

Had I read Gloria Allred’s Bio before making this entry I might have been less likely to have teased her on an open blog. She has a most impressive background. Here is a link:

http://www.gloriaallred.com/CM/Custom/TOCAbout.asp