Legal Opinion
Miller v. Farmers Insurance Exchange
Court of Appeals for the Ninth Circuit
Decided October 25, 2006No. 05-35080, 05-35145, 05-35082, 05-35146, 05-35509, 05-35501PublishedCited by 7 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge.
For more than 50 years, the Department of Labor has considered claims adjusters exempt from the Fair Labor Standard Act’s overtime requirement. In 2004, the DOL promulgated 29 C.F.R. § 541.203, which it viewed as “consistent with” existing law. Section 541.203 exempts claims adjusters if they perform activities such as interviewing witnesses, making recommendations regarding coverage and value of claims, determining fault and negotiating settlements.
In this case, the plaintiffs are nearly 2,000 former and current claims adjusters who handle, respectively, automobile…
2Cases cited14 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Alvarez v. IBP, Inc.Court of Appeals for the Ninth Circuit · 2003
- Rex L. Bothell v. Phase Metrics, Inc.Court of Appeals for the Ninth Circuit · 2002
- Bell v. Farmers Insurance ExchangeCalifornia Court of Appeal · 2001
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Robinson-Smith v. Government Employees InsuranceCourt of Appeals for the D.C. Circuit · 2010
- In Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, Dave Miller, on Behalf of Himself and the Class Members in Mdl Case No. 1439 v. Farmers Insurance Exchange, and Farmers Group, Inc. Plan Administrator of the Farmers Group, Inc. Profit Sharing Savings Plan Trust Plan Administrator of the Farmers Group, Inc. Employees' Pension Plan, in Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, Dave Miller, on Behalf of Himself and the Class Members in Mdl Case No. 1439 v. Farmers Insurance Exchange, and Farmers Group, Inc. Plan Administrator of the Farmers Group, Inc. Profit Sharing Savings Plan Trust Plan Administrator of the Farmers Group, Inc. Employees' Pension Plan, in Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay Litigation, Jesse Corralez, on Behalf of Himself and the Class Members in Mdl Case No. 1439 v. Farmers Insurance Exchange, and Farmers Group, Inc. Plan Administrator of the Farmers Group, Inc. Profit Sharing Savings Plan Trust Plan Administrator of the Farmers Group, Inc. Employees' Pension Plan, in Re Farmers Insurance Exchange, Claims Representatives' Overtime Pay LitigationUnited States Court of Federal Claims · 2006
- Napert v. Government Employees InsuranceDistrict Court, D. Massachusetts · 2014
- Withrow v. Sedgwick Claims Management Service, Inc.District Court, S.D. West Virginia · 2012
- Miller v. Farmers Insurance ExchangeCourt of Appeals for the Ninth Circuit · 2006
2 more not listed; retrieve them via the Exa API.