Mark Slagel, Hector DeLeon, Lisa Wolfe, Jenny Drago, Dan Favrin, individually, and on behalf of those similarly situated persons and as a member of the general public v. State Farm Mutual Automobile Insurance Corporation, State Farm Fire and Casualty Company, State Farm General Insurance Company, all other entities that comprise the State Farm Insu
Published: Oct. 18, 2008 | Result Date: Jul. 17, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC326162 Settlement – $14,600,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Allan A. Shenoi
(Shenoi Koes LLP)
Defendant
Douglas R. Hart
(Morgan, Lewis & Bockius LLP)
Derek R. Havel
(Sheppard, Mullin, Richter & Hampton LLP)
Jennifer B. Zargarof
(Morgan, Lewis & Bockius LLP)
Facts
Plaintiff class included 194 current and former employees of defendant State Farm in California. These class members consisted of service first representatives and/or senior service first representatives employed between Sept. 9, 1996 to July 2002; claim reinspectors employed from Sept. 8, 1996 to May 10, 2003; and CAT reinspectors/trainers and/or catastrophe trainers employed between Sept. 8, 1996 to May 10, 2003. State Farm classified these employees as exempt under the Labor Act.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that State Farm misclassified them as exempt employees, which caused them to be unpaid for overtime work. Plaintiffs alleged that State Farm failed to pay for hours due; failed to provide meal and breaks; failed to pay all wages due upon termination; failed to pay the minimum wage; engaged in conversion and unfair business practices; and violated the Fair Labor Standards Act.
DEFENDANT'S CONTENTIONS:
State Farm countered that the employees were properly classified as exempt and were not entitled to overtime pay. As well, State Farm argued that they provided the correct compensation and meal and break periods.
Damages
The plaintiffs sought unpaid wages, overtime pay, compensation for meal and rest periods, restitution, pre-judgment interest, post-judgment interest, statutory penalties, attorney fees and costs.
Result
The plaintiffs agreed to a settlement of $14.6 million, which included the following: $2,346,224 for the service first representatives and/or senior service first representatives; $4,051,876 for the claim reinspectors; and $1,439,400 for CAT reinspectors/trainers and/or catastrophe trainers. State Farm also agreed to pay $20,000 for the settlement administrator's fee; $6,392,500 for the attorney fees; and $350,000 for the employer portion of tax due on the wage component of the settlement.
Other Information
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