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Progressive Insurance File Owner Overtime Class Action

Number of people who have joined this lawsuit as of June 2, 2014: 452

In this lawsuit, we are suing the Progressive Casualty Insurance Company for failing to pay its File Owners overtime pay when they work more than 40 hours per week.  Progressive has classified its File Owners as Administrative Employees and considers them exempt from overtime pay.  The law does not permit such a classification of these employees unless their “primary duty” is adjusting claims and unless they exercise “discretion and independent judgment on matters of significance.”  

We believe that File Owners at Progressive do not spend most of their time adjusting claims, but instead are mostly gathering information so that other employees can adjust those claims.  We also do not believe that File Owners at Progressive exercise discretion and independent on matters of significance because their decision making is strictly curtailed by Progressive’s policies and computer systems.   

January 10, 2014, Judge William Young granted the Plaintiff’s motion to conditionally certify the class.  Accordingly, a written notice will soon go out to the thousands of File Owners around the country who were denied overtime wages.  Anyone who receives this notice will have a deadline to sign it and return it in order to be included in this case.  This ruling will also result in the trial date being moved back from June 2014 to sometime later in the year. 

On June 17, 2013, the judge assigned to this case denied Progressive’s motion for summary judgment. Progressive had argued that File Owners work was administrative in nature, relying on a regulation applicable to Claims Adjusters. Attorney Hayber defeated that motion, arguing in part that File Owners are not the same as Claims Adjusters and that File Owners are more like production workers – delivering the service that Progressive’s customers purchased when they bought the insurance policy – claims resolution. Remarkably, Progressive’s lawyers took the position that Progressive is not in the business of resolving claims. 

The following represents the status of the case as of the date indicated:

DATE

COURT FILING 

DESCRIPTION

February 8, 2012

Original Complaint

This is the lawsuit itself which includes the detailed allegations of wrongdoing.

May 14, 2012

Answer to the Complaint

 

January 10, 2014

Order Granting Motion to Certify Class

 

October 8, 2014

Case stayed pending mediation.

The case is put on hold while the parties meet to discuss settlement.


 
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Client Testimonials

"I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber Law Firm did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know."

- L. LeHeup, Georgia