Allstate Insurance Company No-Fault Claims Adjusters Misclassification Overtime Lawsuit


In July 2018, shortly before trial, Outten & Golden LLP settled its case against Allstate Insurance Company on behalf of No-Fault claims adjusters.  The proposed settlement is now awaiting judicial approval.  The case was certified as a class action covering New York adjusters in 2014, and was set to proceed to trial on behalf of the New York Class and a nationwide collective.

The plaintiffs alleged that Allstate misclassified no-fault adjusters as exempt from overtime, and that it retaliated against the Plaintiffs for filing the lawsuit.  Both Plaintiffs worked for the company for over ten years.  Allstate no-fault claims adjusters spend well over 40 hours a week performing their primary duty: paying no-fault insurance claims by telephone.  Their work is closely supervised and highly regulated by state insurance law and by Allstate’s own policies, which do not permit them to negotiate the settlement of claims or to determine fault

The defendant is Allstate Insurance Company. The case is “Perez, et al. v. Allstate Insurance Company,” U.S. District Court, Eastern District of New York, Case No. 11 Civ. 1812.

Attorney Contacts: Justin M. Swartz and Michael J. Scimone, Outten & Golden LLP, New York, 212-245-1000.

(*Prior results do not guarantee a similar outcome.)

Justin Swartz Michael Scimone

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