The federal appeals court in Washington, D.C. has found that auto damage adjusters working for GEICO do not qualify for overtime benefits under the Fair Labor Standards Act of 1938 (FLSA).
The finding--which agreed with GEICO's position that the employees are exempt because they are "administrative" employees--reverses a previous decision by the U.S. district court in Washington. GEICO is a Berkshire Hathaway subsidiary.
Charles E. Tomkins, of the Boston law firm Shapiro Haber & Urmy, LLP, who represented the plaintiffs in the case, said he is "currently pursuing possible avenues to continue prosecuting the case, but said he was unsure whether there would be an appeal.
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