Arthur J. Gallagher's Motion Denied In Part in Overtime Action Filed by The Riverside Labor Lawyers at Blumenthal, Nordrehaug & Bhowmik On Behalf of Claims Adjusters

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The Honorable United States District Court Judge Jesus G. Bernal recently denied in part and granted in part Arthur J. Gallagher Service Company's request for Summary Judgment in a class action overtime lawsuit

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the Court cannot conclude that no reasonable jury could find that Plaintiff and other Adjusters performed under more than 'general supervision.'

On May 18, 2015, United States District Court Judge Jesus G. Bernal denied in part and granted in part Arthur J. Gallagher Service Company's (“AJG”) motion for summary judgment in a class action lawsuit alleging that AJG failed to pay their Claims Adjusters overtime wages. The class action lawsuit is currently pending in the United States District Court for the Central District of California, Case No., CV- 13-0646-JGB (SPx). A copy of the Judge's decision can be read by clicking here.

The Riverside employment law attorneys at Blumenthal Nordrehaug & Bhowmik submitted a brief in opposition to AJG's motion for summary judgment, arguing that AJG failed to carry their burden that Plaintiff came within the California overtime exemptions.

The Honorable Judge Jesus G. Bernal agreed with the Plaintiff's attorneys on the overtime issue stating that there were numerous factual disputes before the Court as to the extent of the supervision exercised over the Plaintiff and other Claims Adjusters. The Court explained in its Order "[w]hen the facts are viewed in the light most favorable to Plaintiff, the Court cannot conclude that no reasonable jury could find that Plaintiff and other Adjusters performed under more than 'general supervision.' Thus the Court must echo the Ninth Circuits conclusion in Campbell: ''[w]ithout better guidance on the legal definition of 'general supervision,' this highly contested fact issue can be resolved only after trial.'" A copy of the Judges Order can be read here.

The case will now continue to proceed in the United States District Court for the Central District of California. Trial in the case is slated for June of 2015.

Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco, Los Angeles, Riverside, and Sacramento. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, wrongful termination, discrimination and other California labor laws. Contact an experienced California employment lawyer today by calling (800) 568-8020.

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Nicholas De Blouw
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