Though courts have generally disfavored such claims, from time to time insurance adjusters and examiners allege that the FLSA’s administrative exemption does not apply to their work because their work either: 1) does not relate to business operations of their employer; or 2) does not require the exercise of discretion and independent judgment. Rejecting
insurance adjuster
Seventh Circuit Finds Insurance Company’s Internal “Answer Man” Proper Classified as Exempt Administrative Employee
By Noel P. Tripp on
Posted in Exemptions
Continuing its line of common sense interpretations of the administrative exemption, the United States Court of Appeals for the Seventh Circuit has ruled that an insurance company employee tasked with maintaining an in-depth understanding of particular insurance products and training sales staff on those products was an administratively exempt employee. Blanchar v. Std. Ins. Co.…
Fifth Circuit Holds Insurance Adjuster Is Exempt Administrative Employee
By Noel P. Tripp on
Posted in Exemptions
In the latest decision addressing the applicability of the FLSA’s administrative exemption to claims-handling employees (such as adjusters), last week the Court of Appeals for the Fifth Circuit, affirmed a District Court’s grant of summary judgment, rejecting the assertion of an American Risk Insurance (“ARI”) adjuster that ARI misclassified him as exempt. Talbert v. Am. …