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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15253
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I work as a salaried insurance adjuster for a major carrier. My

Resolved Question:

I work as a salaried insurance adjuster for a major carrier.
My employer REQUIRES that every few months I work a weekend; Saturday and Sunday, but only allows one day "comp" time. Please understand, I am saying only one day, not a day in addition, but just one day! We don't even get the days off for the weekend in "comp" time.
They also require us to work catastrphe claims like Hurricane Sandy, where you work 12-14 hour days for 30 days straight, and only give you two days comp time.
This is not right, they have been doing this to me for nearly 4 years now, and GOD only knows how many thousands of other adjusters over the years.
I am considering filing a suit and believe that my company owes me back pay and also would like o persue suit for "bad faith" as they knew I was owed appropriate compensation.
Thank you
Submitted: 8 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 8 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Are you a salary and overtime exempt employee?

Customer:

yes

wallstreetfighter :

As a salary and exempt employee,

wallstreetfighter :

the State of CO, does not have any limits to the number of hours you work, nor do the regulate comp time which does not have to be offered to employees, so comp time is regulated by the employers written agreement,

wallstreetfighter :

the State does not regulate hos comp time is given to employees, it is considered a fringe benefit,

wallstreetfighter :

In Colorado, an employer is not required to provide its employees with vacation benefits, CO Div. of Labor Advisory Bulletin and Resource Guide. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. Colo. Rev. Stat. § 8-4-101(8)(a)(III).

Customer:

please understand, that my company has salaried and overtime exempt employees they call "Catasrophe Adjusters" that went on the same catastophes as I, they work 3 weeks on and get 2 weeks off and make considerably more (around 35K more per year than I do) but I work 30 days straight and only get 2 days off.

Customer:

That is simply not fair

wallstreetfighter :

Than you may have a discrimination complaint against the employer, if they are treating you this way due to your race, age, gender, or disability,

wallstreetfighter :

Or you may have a breach of contract suit, if they are violating their written policy on comp time and benefits,

Customer:

no discrimination, they treat all adjusters this way. but why do some adjusters only work 3 weeks and get 2 weeks off while other adjusters work 30 days straight and only get 2 days off? isn't there something the NLRB can address?

wallstreetfighter :

If you are a Union member, you would file a Union complaint,

wallstreetfighter :

the NLRB is for Unions,

wallstreetfighter :

this would be an internal employment issue, as long as it is not based on your civil rights the law allows an employer to do this,

wallstreetfighter :

I would have an attorney review the compensation plan, and have an attorney send a letter threatening legal action,

wallstreetfighter :

the employer may try to settle with you at that point

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and other Employment Law Specialists are ready to help you
Expert:  wallstreetfighter replied 8 months ago.
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