News & Analysis as of

Insurance Agents Independent Contractors

Faegre Drinker Biddle & Reath LLP

Insurance Agents as Independent Contractors: Best Practices To Preserve This Status

There are multiple benefits to insurance companies from utilizing an independent contractor model with its insurance agents. These include, for example, typically not having to supply office space, equipment or benefits, as...more

Locke Lord LLP

Oil and Gas, Cable, Shopping, Pet Sitting, and Shipping Companies Lose Ground in Independent Contractor Misclassification Cases:...

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In October, a diverse group of industries experienced adverse court rulings defending independent contractor classification class and collective action cases. Two cases involved courts granting conditional certification of...more

Genova Burns LLC

New Jersey District Court Rules Insurance Agents Appropriately Classified as Independent Contractors

Genova Burns LLC on

In a state where the independent contractor model is under attack and squarely in the crosshairs of multiple enforcement agencies, a New Jersey federal court refused to allow independent insurance agents to convert their...more

Locke Lord LLP

April and May 2019 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

The past two months were two of the busiest ever in terms of judicial decisions involving claims of independent contractor misclassification, administrative and regulatory initiatives, and legislative developments. They are...more

Locke Lord LLP

Insurance Agent for Northwestern Mutual Found to be Independent Contractor, Not Employee

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In a very favorable ruling for insurance companies, a federal district court on May 6 held that Northwestern Mutual Life Insurance Company had not misclassified as an independent contractor (IC) a life insurance agent who...more

Locke Lord LLP

Second Favorable Ruling for Insurance Companies on Independent Contractor Misclassification

Locke Lord LLP on

Following on the heels of a very favorable decision by a federal appellate court earlier this year that insurance agents for American Family Insurance were not misclassified by the company as independent contractors in a...more

Carlton Fields

Circuit Court Rules Insurance Agents Are Not “Employees” Under ERISA

Carlton Fields on

The identity crisis appears to be over for one insurer using independent contractors. In Jammal v. American Family Insurance Co., the Sixth Circuit reversed the district court and held that a putative class of insurance...more

Locke Lord LLP

March 2019 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

Cases reported below for this past month show that large companies remain in the crosshairs of class action lawyers representing workers in independent contractor misclassification lawsuits. Two well-known industry leaders in...more

Jackson Lewis P.C.

Insurance Agents Properly Classified As Independent Contractors, Circuit Court Rules

Jackson Lewis P.C. on

The Sixth Circuit ruled that agents were properly classified as independent contractors in an Employee Retirement Income Security Act (ERISA) class action brought on behalf of thousands of current and former insurance agents...more

Eversheds Sutherland (US) LLP

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent

On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more

Troutman Pepper

April 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

BakerHostetler

Washington Federal Court Decertifies Class of Insurance Agents Alleging Entitlement to Overtime

BakerHostetler on

Challenging the classification of workers as independent contractors continues to be a growing area of focus for plaintiffs’ attorneys. However, as a recent federal case from Washington demonstrates, the fact-intensive...more

Seyfarth Shaw LLP

Agents Can’t Insure Class Treatment – Varied Experiences Require Decertification

Seyfarth Shaw LLP on

Last week, a federal district court decertified a Rule 23 class of more than 1,000 insurance agents who claimed that Bankers Life and Casualty Co. misclassified them as independent contractors, and, as a result, they were...more

Parker Poe Adams & Bernstein LLP

EEOC Loses Argument That Company Converting Employees to Contractors Cannot Require Release of Pending Discrimination Claims

Over the past several years, the Equal Employment Opportunity Commission has filed several high profile lawsuits accusing employers of retaliating against employees by requiring them to waive discrimination claims in return...more

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