SAN FRANCISCO – A Walnut Creek resident and a resident of Ireland allege an insurance company they worked for did not pay them overtime.
David Deluca and Barry Francis filed a complaint individually and on behalf of all others similarly situated and on behalf of the general public on Jan. 4 in the U.S. District Court for the Northern District of California against Farmers Insurance Exchange, Farmers Group Inc., Farmers Insurance Co. Inc. and Farmers Specialty Insurance Co. Inc. citing the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that they were working as special investigators for the defendants but because of the defendants' willful scheme of misclassifying employees, they were deprived of their rights to overtime compensation, accurate time records and proper meal and rest periods. The plaintiffs hold Farmers Insurance Exchange, Farmers Group Inc., Farmers Insurance Co. Inc. and Farmers Specialty Insurance Co. Inc. responsible because the defendants' alleged actions purportedly caused significant damages to plaintiffs and all other similarly situated employees.
The plaintiffs request a trial by jury and seek judgment against defendants, certify collective action, designate class representative and counsel, damages and restitution, unpaid overtime wages, liquidated damages, costs, attorney’s fees, interest, and further relief as the court deems just. They are represented by Matthew C. Helland of Nichols Kaster LLP in San Francisco and Matthew H. Morgan and Reena I. Desai of Nichols Kaster PLLP in Minneapolis.
U.S. District Court for the Northern District of California Case number 3:17-cv-00034