Current and former vehicle property damage claim adjusters of American Family Insurance have filed a nationwide class action lawsuit charging AmFam with failure to pay overtime wages. This website is sponsored by the national law firm of Lieff Cabraser Heimann & Bernstein, LLP and co-counsel.








American Family Insurance Workers File Nationwide
Overtime Pay Class Action Lawsuit
Recent Case Developments - July 2009
The American Family Insurance case is currently pending in the United States District Court for the District of Colorado challenging American Family's practice of not paying overtime wages to physical damage representatives. This consolidated case is comprised of the following two cases: (1) Rocky Baldozier, et al. v. American Family Mutual Insurance Co., D. Colorado, Civil Case No. 04-cv-02174-WYD-CBS (the "Baldozier case"); and (2) Robert Schultz v. American Family Mutual Insurance Co., N.D. Illinois, Civil Case No. 06-cv-00322-WYD-CBS (Northern District of Illinois Civil Case No. 04-cv-05512) (the "Schultz case").
Defendant's Motions to Dismiss Plaintiffs' State Law Claims Granted and Plaintiffs' Motions to Certify the State Classes Denied As Moot
American Family filed motions asking the Court to dismiss the Baldozier and Schultz plaintiffs' claims against American Family for violations of state wage and hour laws in Wisconsin, Ohio, Minnesota and Illinois. Meanwhile, Plaintiffs filed motions asking the Court to certify four state classes of claim adjusters who have worked in Wisconsin, Ohio, Minnesota and Illinois.
On July 28, 2009, the Court issued an Order granting American Family's motions and denying Plaintiffs' motions as moot. Read a copy of this Order.
Defendant's Motion to Decertify the FLSA Class
American Family filed a motion to decertify the class certified under the Fair Labor Standards Act on the ground that the named Plaintiffs and opt-ins are not similarly situated in their primary job duties. Counsel for Plaintiffs opposed this motion, and the Court held a hearing on the motion on April 28, 2009. The Court has not ruled on American Family's motion.
Defendant's Motions for Summary Judgment Denied
American Family filed motions asking the Court to dismiss the cases without a trial on the ground that the named Plaintiffs, who have brought this case on behalf of American Family physical damage representatives, are not entitled to overtime pay as a matter of law. Counsel for Plaintiffs opposed these motions, and the Court held a hearing on the two motions on September 18, 2006.
On October 9, 2007, the Court issued an Order denying American Family's motions. Read a copy of this Order.
History of the Case
On October 20, 2004, current and former vehicle property damage claim adjusters of American Family Insurance ("AmFam") filed a nationwide class action lawsuit in federal district court charging the company with failure to pay overtime wages in violation of federal and state labor laws.
The proposed class includes hundreds of vehicle property damage claim adjusters in 17 states. The complaint charges that AmFam unlawfully misclassifies its employees who process vehicle property damage claims as "exempt" from certain state and federal labor laws in order to deprive them of overtime pay.
Relief Sought
The plaintiffs are asking the federal court to award compensation and damages to current and former employees who were denied overtime.
Read a copy of the Complaint in the American Family Insurance Employee Overtime lawsuit.
Contact Plaintiffs' Counsel
Current and former vehicle property damage claim adjusters of AmFam who wish to learn more about the lawsuit or share their work experiences with class counsel should contact an attorney at Lieff Cabraser via email or call toll-free 866-854-7830.