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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