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Are Your Special Investigators Being Compensated Fairly?

Did Nationwide violate FLSA when its investigators worked overtime? Moreover, are SIs underplaying their professionalism instead of lobbying for better pay?

By Barry Zalma | Updated on July 30, 2013

When an insurer forms a special investigation unit (SIU), it hires highly qualified, trained and experienced investigators to help it avoid paying fraudulent claims. The job of a fraud investigator is drastically different from that of many other roles. Each skilled professional provides a unique skill set and breadth of knowledge on which the insurer relies. Traditionally, SIU investigators are well paid and not subject to mandatory overtime requirements.

In Frank Foster, On Behalf of Himself and All Others Similarly Situated v. Nationwide Mutual Insurance Company, 710 F.3d 640 (6th Cir. 03/21/2013) 91 current and former special investigators (SI) employed by Nationwide Mutual Insurance Company, appealed from the judgment entered against them with respect to their collective claims that Nationwide improperly classified SIs as administrative employees exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) (29 U.S.C. §§ 207 and 213(a)(1)) and analogous provisions of New York and California law.

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