A Caveman Definitely Couldn’t Do It: Court Finds GEICO Claims Representatives Meet Test for Administrative Exemption

The green gecko is surely happy about this: a federal judge has held that GEICO’s telephone claims representatives (“TCR”) are exempt from overtime under the Fair Labor Standards Act and New York Labor Law.

The plaintiff sued in 2009, seeking back pay for herself and others and claiming that the work of TCRs requires little skill and independent judgment.  Judge Leonard Wexler of the Eastern District of New York conditionally certified a nationwide group of TCRs in 2012.

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