Hurricane Harvey Claims Adjusters Revive Overtime Suit on Appeal

Three insurance claims adjusters assigned to assess Texas properties following Hurricane Harvey convinced the Eleventh Circuit on Thursday to revive their lawsuit seeking overtime wages from One Call Claims LLC and the Texas Windstorm Insurance Association.

The workers can argue at trial that they were employees entitled to overtime pay under the Fair Labor Standards Act, instead of independent contractors outside the statute’s scope, the US Court of Appeals for the Eleventh Circuit said. They presented substantial evidence of an employment relationship, the appeals court said, pointing to the facts that they received non-negotiable, fixed day wages and didn’t work ...