>Not anymore! On May 15, 2015, Attorneys Rick Hayber and Tony Pantuso won a jury trial for an insurance underwriter who had been denied overtime pay under the Fair Labor Standards Act.

The underwriter, who had worked for Chubb & Son insurance company, spent most of his time providing customer service and applying company rules. The Hayber, McKenna & Dinsmore argued successfully that this work is properly classified as non-exempt “production” work and not exempt “administrative” work as argued by the employer. The jury awarded more than $18,000 in unpaid overtime premium pay and liquidated damages.

This is the first case in the country to award overtime to an insurance underwriter, and the Hayber, McKenna & Dinsmore is very proud of this result. Insurance underwriters who are being paid a salary when they work more than 40 hours in a week should contact an attorney, and insurance companies should look into their pay practices and align them with this developing area of the law.