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 - November 2007
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 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. Click here to 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.
To contact an attorney regarding the American Family Overtime lawsuit, click here.
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.
To read a copy of the Complaint in the American Family Insurance Employee Overtime Lawsuit, click here (Adobe Acrobat .pdf format).
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 click here or call toll-free 866-854-7830.