Date: September 23, 2013 Last Edit: February 09, 2016

Calderon v. Geico – Legal Reform

U.S. Court of Appeals for the Fourth Circuit – request for
rehearing en banc

The insurance industry has long classified
fraud investigators as exempt from overtime under the administrative work
exception. In a case involving materially identical facts, the Sixth Circuit
held Nationwide’s fraud investigators performed exempt administrative
work.  Foster v. Nationwide Mut. Ins. Co., 710 F.3d 640 (6th Cir.
2013). In GEICO’s case, the Fourth Circuit concluded otherwise, acknowledging
that it created a circuit split. Geico is seeking a rehearing of the case.

Status: DECIDED. Amicus
brief filed 1/27/16. Court denied en banc review 2/4/16.


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