Calif. Appeals Court Favors Claims Adjuster In OT Pay Suit

Law360, New York (May 16, 2013, 8:19 PM EDT) -- A California appeals court on Thursday rejected liability investigation firm Koning & Associates' argument that a former claims adjuster was not eligible for overtime pay, ruling that compensation based only on hours worked, with no assured minimum pay, does not count as a salary.

The Court of Appeal reversed a lower court's ruling and found that former Koning insurance claims adjuster Mark Negri was not paid a salary, even though he had received an unchanging hourly wage.

In order to be exempt under California law from...
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