Mid-America Catastrophe Services

Insurance adjuster paid on an hourly basis not exempt, California Court of Appeal rules

 Friday, May 31, 2013

 Association of Corporate Counsel

Is an insurance adjuster who is paid $29 for every hour worked an employee exempt from overtime pay under California law? Absolutely not, the California Court of Appeals has ruled. Negri v. Koning & Associates, No. H037804 (Cal. Ct. App. May 16, 2013). The Court determined the insurance adjuster was not paid on a “salary basis” — a fixed, predetermined amount not subject to variation based on the number of hours worked.
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