SAN FRANCISCO, March 8, 2017 – Sanford Heisler, LLP today filed a class action against Overland Solutions, Inc. (“OSI”) on behalf of its California insurance inspectors for violations of the California Labor Code. The complaint alleges that OSI, an industry leader in insurance underwriting support services, willfully misclassifies California field inspectors as independent contractors to avoid paying inspectors wages and business expenses, despite exercising extensive control over how inspectors perform their work.
According to the complaint filed in the California Superior Court, County of Alameda, insurance inspectors are the field workforce in OSI’s Survey Division, and are an integral part of OSI’s business. Inspectors conduct inspections of insured property and provide reports to OSI’s clients, which are major insurance carriers nationwide. As field representatives of OSI, inspectors go through an extensive hiring and onboarding process, including a rigorous background check, an orientation program, training modules, and quizzes. On the job, inspectors are under the control and supervision of OSI, and must follow the company’s strict Standard Operating Procedures.
“This level of control constitutes an employer-employee relationship,” says Michael Palmer, Co-Chair of the Firm’s Wage & Hour Practice Group. “By mislabeling an entire workforce as non-employees, OSI tried to avoid paying inspectors their lawful wages. This lawsuit challenges this unfair practice and seeks to ensure that the workers are not denied their rights and protections under the law.”
Lead Plaintiff Martin Fletscher, a current OSI insurance inspector in California, alleges that he and other inspectors are paid only for time spent conducting onsite inspections and writing inspection reports. Inspectors are not paid for time spent on various other types of work, such as training, preparing for and scheduling the inspections, travel to and from inspection sites, or time spent re-inspecting and re-writing reports. They are also not reimbursed by OSI for expenses like gas and various inspection equipment.
“As employees, Mr. Fletscher and the class are entitled to be paid for all time worked and to reimbursements for business expenses,” says Xinying Valerian, Senior Litigation Counsel at Sanford Heisler. “This is wage theft, and California law does not allow for it.”
The complaint seeks to recover unpaid wages and penalties and to enjoin OSI from continuing misclassification of its workforce.
About Sanford Heisler, LLP
Sanford Heisler, LLP is a public interest class-action litigation law firm with offices in New York, Washington, D.C, San Francisco and San Diego. Our attorneys have graduated from the nation’s top law schools, clerked for judges throughout the United States, and amassed extensive experience litigating cases that have earned over one billion dollars for our clients.
The Firm specializes in civil rights and general public interest cases, representing plaintiffs with employment discrimination, labor and wage violations, predatory lending, whistleblower, consumer fraud, and other claims. Along with a focus on class actions, the firm also represents individuals and has achieved particular success in the representation of executives and attorneys in employment disputes.