Sedgwick Claims Management Services, Inc. is the defendant in a class and collective action brought by current and former employees. The complaint alleges that the company did not pay overtime wages for hours worked over forty per week, as required by the Fair Labor Standards Act (FLSA). It also claims the company did not pay wages for hours worked between 37.5 and 40 per week in Florida and for hours worked over 37.5 per week in Michigan.
Three classes have been defined for this action:
- The FLSA Disability Representative Class is all current and former employees of Sedgwick who worked as hourly, non-exempt Disability Representatives, between June 14, 2018 and December 19, 2020, for more than forty hours in a workweek.
- The Florida Disability Representative Rule 23 Class is all current and former employees of Sedgwick who worked as hourly, non-exempt Disability Representatives, between September 16, 2019 and December 19, 2020.
- The Michigan Disability Representative Rule 23 Class is all current and former employees of Sedgwick who worked as hourly, non-exempt Disability Representatives, between February 7, 2016 and December 19, 2020.
The two plaintiffs in this case were hourly, non-exempt Disability Representatives that processed disability claims for Sedgwick. Their duties include, or included, “reviewing information on file; contacting and communicating with claimants; and[] acting as liaison for claimants between the client and medical provider” as well as frequently checking email. Plaintiff Bonnie Smith lives in Florida and plaintiff Joylealia Wartian lives in Michigan.
According to the complaint, managers at the company told the hourly employees that if they worked overtime, they would not get overtime pay but instead would get incentives, such as PTO coin or PTO or gift cards. When overtime was mandatory, for example, when they were required to perform weekend overtime, they were also paid in incentives.
The complaint alleges, “Although [Sedgwick] had a system for requesting overtime, it was very difficult for Disability Representatives to obtain approval, as overtime was often reserved for special projects only.” Disability Representatives did not clock in and out but submitted timecards, but the complaint alleges they were only allowed to put 7.5 hours per day on the timecards.
Disability Representatives could not complete their work within that time, but the complaint alleges that if they tried to report overtime on their timecards, “they faced potential disciplinary action.”
Employees were also told they had to put breaks and mealtimes on their timesheets, even if they did not take them, the complaint says.
According to the complaint, Sedwick “has been sued for other hourly positions where employees’ time records did not accurately match their actual time worked.”
Article Type: LawsuitTopic: Employment
Most Recent Case Event
Sedgwick Claims Management Unpaid Overtime Complaint
March 31, 2022
Sedgwick Claims Management Services, Inc. is the defendant in a class and collective action brought by current and former employees. The complaint alleges that the company did not pay overtime wages for hours worked over forty per week, as required by the Fair Labor Standards Act (FLSA). It also claims the company did not pay wages for hours worked between 37.5 and 40 per week in Florida and for hours worked over 37.5 per week in Michigan.
Sedgwick Claims Management Unpaid Overtime ComplaintCase Event History
Sedgwick Claims Management Unpaid Overtime Complaint
March 31, 2022
Sedgwick Claims Management Services, Inc. is the defendant in a class and collective action brought by current and former employees. The complaint alleges that the company did not pay overtime wages for hours worked over forty per week, as required by the Fair Labor Standards Act (FLSA). It also claims the company did not pay wages for hours worked between 37.5 and 40 per week in Florida and for hours worked over 37.5 per week in Michigan.
Sedgwick Claims Management Unpaid Overtime Complaint