SAN FRANCISCO--(BUSINESS WIRE)--May 3,
2005--Rudy, Exelrod & Zieff, LLP; Lieff
Cabraser Heimann & Bernstein, LLP; Lewis
Feinberg Renaker & Jackson, P.C.; and Stoll,
Stoll, Berne, Lokting & Shlachter, P.C.
announce today that judgments totaling
$52,498,388 have been entered in the United
States District Court for the District of
Oregon against Farmers Insurance Exchange
for failing to pay overtime wages to its
claims representatives up through April
2003.
The recent court
victories for claims representatives outside
of California are in addition to the
landmark $210 million judgment against
Farmers Insurance Exchange in Bell v.
Farmers Insurance Exchange, Case No.
774013-0 (Cal. Supr. Ct.), for failing to
pay its California insurance adjusters
overtime pay from 1993 through June 2001.
"The Farmers
litigation has sent an emphatic message to
the entire insurance industry," stated
Steven G. Zieff, a partner with Rudy,
Exelrod & Zieff. "We are gratified that our
suits have compelled Farmers to change its
overtime pay practices."
"Claims
Representatives will now be paid what they
are owed for the long hours they worked,"
added Lieff Cabraser Heimann & Bernstein,
LLP partner James M. Finberg.
"We believe
these are the largest judgments ever entered
as the result of the trial of a Fair Labor
Standards Act case," Finberg noted.
Background on
the Federal Suit
In the
liability phase of the federal suit,
entitled In Re Farmers Insurance Exchange
Claims Representatives' Overtime Pay
Litigation, MDL No. 1439 (D. Or.), U.S.
District Court Judge Robert E. Jones in
November 2003 held that Farmers' claims
adjusters who handle auto and low level
property claims are entitled to overtime
under the Federal Fair Labor Standards Act
("FLSA") and the laws of seven states. Judge
Jones further found that Farmers' actions
were willful and were not taken in good
faith, entitling plaintiffs to seek double
damages on the lost overtime wages during
the damages phase of the trial.
Following the
liability phase trial, Judge Jones appointed
former Oregon Supreme Court Justice Edwin J.
Peterson as the Special Master to oversee
the damages phase of the litigation. On
January 27, 2005, a judgment was entered on
behalf of the Minnesota class in the amount
of $3,933,068.66. On May 2, 2005, a judgment
was entered on behalf of the FLSA collective
action members, and the Illinois, New
Mexico, Colorado, Washington, Oregon, and
Michigan classes in the amount of
$48,565,320.54.
New Farmers
Overtime Lawsuit Filed
A group of
Farmers personal lines claims
representatives recently filed a new class
action lawsuit in Federal court in Los
Angeles against Farmers seeking unpaid
overtime damages under the FLSA and state
overtime laws. Entitled Balliet v. Farmers
Insurance Exchange, Case No. CV 04-09148 TJH
(C.D. Cal.), the suit is on behalf of
personal lines claims representatives who
are or were employed by Farmers (1) in
states other than California, Colorado,
Illinois, Michigan, Minnesota, New Mexico,
Oregon, or Washington, and (2) who did not
opt into the current Farmers' case in Oregon
federal court; or (3) who worked for Farmers
after April 2003.
Farmers
claims representatives who believe they may
be eligible to participate in this lawsuit
and want more information, may contact class
counsel at 1-866-854-8550 or by email at
info@farmersovertime.com.
About Rudy,
Exelrod & Zieff
Rudy, Exelrod
& Zieff, LLP, specializes in the
representation of workers and employees in
state and federal courts. Rudy, Exelrod &
Zieff has long been a leading firm in the
area of class action overtime cases and has
handled numerous multi-million dollar
overtime cases, including Bell v. Farmers
Insurance Exchange, in which the firm
obtained the largest overtime verdict in
United States legal history.
About Lieff
Cabraser
Lieff
Cabraser Heimann & Bernstein, LLP, is a
65-plus attorney law firm with offices in
San Francisco, New York, Washington, D.C.,
Beverly Hills and Nashville. Since 1972,
Lieff Cabraser has successfully represented
plaintiffs in a wide range of class action
cases, including employment, wage and hour
and pension benefits litigation. Since 1992,
Lieff Cabraser has litigated 23 separate
cases in which $100 million or more in jury
verdicts were rendered or settlements were
reached, including 11 cases valued at $1
billion or more each. The lead Lieff
Cabraser Heimann & Bernstein, LLP lawyer
litigating the case, James M. Finberg, is
President of the Bar Association of San
Francisco.
About Lewis
Feinberg Renaker & Jackson
Lewis
Feinberg Renaker & Jackson, P.C., is based
in Oakland. For over two decades, Lewis
Feinberg has represented plaintiffs in
pension and other employee benefits
litigation throughout the U.S., and has
successfully litigated dozens of class
action cases on behalf of employees.
About Stoll
Stoll Berne Lokting & Shlachter
Stoll Stoll
Berne Lokting & Shlachter, P.C. is a
Portland, Oregon based firm with extensive
class action experience.