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Saturday, October 28, 2006
Claims adjusters lose big award on appeal
By host @ 8:54 AM :: 4290 Views :: 13 Comments :: Article Rating :: Home
 

From the article;

"The claims adjusters who investigate property damage and negotiate settlements with insurance policyholders are not entitled to overtime pay under federal law, a federal appeals court ruled Thursday, overturning a $52.5 million damage award for about 1,700 Farmers Insurance employees.

Claims adjusters' authority to decide questions of coverage and liability, assess losses and make or recommend settlements shows that they exercise "discretion and independent judgment'' in carrying out company policy, and thus are exempt from overtime, said the Ninth U.S. Circuit Court of Appeals in San Francisco. "

Click here to read the full article>

Comments
comment By Keith @ Saturday, October 28, 2006 8:32 PM
Simple question. If you exceed 40 hours per week, are you not entitled to overtime compensation? Also, based on the statement regarding this case, it appears that as long as you are a mindless drone, you get overtime pay. God forbid you have an independent thought or reasoning.

comment By BJ @ Sunday, October 29, 2006 4:32 PM
Just makes me feel better for leaving Farmers years ago....somethimes the grass IS greener....

comment By Deborah Leonard @ Sunday, November 05, 2006 12:35 PM
If a person is an employee; there are two things to look at: 1 Are you on the company payroll, paid weekly, whether you work or not? If so, there is no need for overtime pay.

However, if you are working regulary, and paid regularly, they can not force you to work more than 40 per week -- if they do you are entitled to OT compensation...

I think Farmer's will be losing a lot employee adjusters.

comment By Henry @ Monday, November 06, 2006 9:24 AM
Management is right. We need professionals who are willing to put in what it takes and be on call 24/7/365. The good well qualified adjuster knows his or her job is never done and willing to work 15 hrs per day 7 days a week if thats what it takes.
We demand your job to become your life and who you are are a professional and individual. Only this type of total complete dedication and devotion will make you a true company person and eligible for promotion to higher levels.

Sacrifice dedication and giving 120% at all times along with being professional in every way and in all situations while giving your life to the corporation will give you success and fulfillment and happiness that you have fought the good fight.

There is no room for any professional giving any less or expecting any more than they are entitled depending on their calibre of character and dedication education and experience.

We pick only the best. There is no room for 2nd class. We demand 100% perfection and excellence. Most all we demand adherence to our premium standards and strict obeyance to your superiors without exception.
If you cant handle this or cut the muster then you are not qualified to be a professional with our company.

comment By Dave @ Monday, November 06, 2006 11:45 AM
Henry,

Spoken like a true and totally incompetent clone.

Since when does your JOB become all consuming and take precedence over FAMILY, COUNTRY, hearth and Home and GOD?

Heaven forbid you ever become someone in charge of anything except your mindless drivel of self deprecation.

comment By leaanddan @ Tuesday, November 07, 2006 9:40 AM
Henry,

I pity you. You're mentality is the EXACT reason why I left corporate America and became an independent adjuster. Not only do I make 3 times more annually, I don't have to work 24/7/365. I still give 120% of total professionalism and get paid based on my production, not what a bottom line bean counter calculates my worth to be. Corporate mentality is very akin to Egyptian slave mentality; "more bricks, less straw and you better shut up and like it".

comment By DougMc @ Monday, November 20, 2006 12:41 AM
I think Henry's comment was a little "tongue-in-cheek", Dave and Leeanndan. Don't get too cranked about it

comment By John @ Monday, November 20, 2006 9:22 AM
Great Comment Henry! You truly understand corporate America. Makes me want to become a Public Adjuster with CPCU and AIC credentials and partner with an attorney and rake the insurance companies over the fire!!!

comment By Ron Kapp @ Friday, November 24, 2006 10:24 PM
I believe Henry is slinging a little BS. He is probally getting a chuckle right now.

comment By Mark @ Thursday, November 30, 2006 11:27 PM
I miss the good old days and the comradarie I had at Farmers. The people were great. Things were alot better fifteen years ago. I really wanted to remain with the company but they really started getting ridiculous in the mid ninties. From there it only got worse. Now I hear its even more misrable.. how is that possible? Too bad.

comment By bratlybeth @ Sunday, December 17, 2006 7:57 PM
My best decision was to leave "Framers" 3 years ago. No overtime allowed, but required to complete the job. I do miss all of my boys that I worked with!! I'm making a lot more money for the time I put into it!! The Farm trained me well, but the company politics and wishy washiness in documentation drove me nuts!! Best of luck to all those still employed there!!

comment By Tom @ Friday, December 29, 2006 2:59 PM
To all those wanting desperately to give Henry the benefit of a doubt, you must have never worked either for or in a Farmers environment. His comments, while I'm sure he had the best of intentions, reflect how the mindset is at Farmers and the reason many refuse to work for them ever again. To be true, our profession has changed drastically in the 21 years I have been in it and honestly, some of Henry's comments do reflect how things were in the old days. Dedicated workers did commit to long days, on-call duties, carrying pagers etc., and never thought of extra compensation for doing same. It was all understood to be part of the job, as I'm sure many younger adjusters were told during their interview. Advancement was the carrot and apparently Henry has tasted it. Henry not only was not tongue in cheek, he is his comments personified.

comment By Kelley @ Thursday, January 11, 2007 8:38 PM
As Independents we contract to work a claim. We do not contract our work per hour. This means if it takes 2 hrs or 60 hrs to work a claim you will get paid the contract amount. If you have taken on more claims than you can service then you need to return them. I know when I take on a large claim load I may have made my choice, my contract has nothing to do about hours.

The thing it is it you choice on how many hours you want to work. Some people are producers, other are complainers. The more
you produce the more you make.

If you want to do adjusting and be paid by the hour go find a job as a staff adjuster.

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