Applying California’s administrative exemption test, the U.S. Court of Appeals for the Ninth Circuit recently concluded an insurance company properly classified its claims adjusters (who handled and processed disability claims) as exempt from the overtime provisions of the California Labor Code, notwithstanding the clerical duties the adjusters performed and their characterization of their work as
insurance adjusters
Second Circuit Reviews Record, Finds Question of Fact as to Discretion and Independent Judgment Exercised by Adjusters
By Noel P. Tripp on
Posted in Exemptions
The FLSA exemption inquiry is fact-intensive, particularly when the analysis pertains to the so-called “white collar” exemptions, as highlighted by a new decision from the Court of Appeals for the Second Circuit. Harper v. Gov’t Emples. Ins. Co., 2014 U.S. App. LEXIS 19310 (2d Cir. Oct. 10, 2014).
In Harper, District Judge Leonard…