Welcome to the FarmersOvertime.com web site!

January 28, 2008: Pursuant to the Ninth Circuit's October 26, 2006 decision remanding to the lower court for further proceedings the claims brought pursuant to the laws of Illinois, New Mexico, Washington, Oregon, Minnesota, and Colorado (the MDL-A states), the lower court has requested the parties to submit briefs on whether Farmers has satisfied the requirements for the exemption to the overtime laws of those states. The Court also asked for briefing on the state law issues as applicable to the "Balliet" action (MDL B). Briefing on the MDL A and MDL B state law issues was completed on December 17, 2007, and we are now awaiting the Court's ruling.

Click here to read Plaintiff's' Opening Brief (MDL A)
Click here to read Plaintiffs' Opening Brief (MDL B)
Click here to read Defendants' Opening Brief (MDL A and MDL B)

Click here to read Plaintiffs' Response Brief (MDL A)
Click here to read Plaintiffs' Response Brief (MDL B)
Click here to read Defendants' Response Brief (MDL A and MDL B)

MARCH 30, 2007: REVISED NINTH CIRCUIT COURT OF APPEALS OPINION ISSUED

On October 26, 2006 the Ninth Circuit Court of Appeals reversed, in significant respects, the $52.5 million judgment awarded to Farmers claims representatives in the Farmers MDL-A lawsuit. Click here to read the Court's October 26, 2006 Opinion. The Court of Appeals' decision reversed the lower court with regard to claims brought under the federal Fair Labor Standards Act, and the laws of Michigan, Illinois, New Mexico, and Washington. The Court of Appeals did not reverse the lower court with regard to claims brought pursuant to the laws of Oregon, Minnesota and Colorado. Instead, the Court indicated that it could not determine whether or not Farmers had satisfied the requirements for the exemption to the overtime laws of those states, and remanded those claims back to the lower court for further proceedings.

Following the Ninth Circuit's October 26, 2006 decision, we petitioned the Court of Appeals for rehearing before the three-judge panel that issued the first decision and for rehearing before a larger group of judges. On March 30, 2007, the Ninth Circuit issued a revised decision which is significant in one regard. Rather than entering judgment for Farmers on the claims brought pursuant to the laws of Illinois, New Mexico, and Washington (as it had done in the October 26, 2006 decision), the Court remanded those claims back to the lower court for further proceedings. The claims under these three states' laws will join the claims brought pursuant to the laws of Oregon, Minnesota, and Colorado, which were sent back to the lower court by the appeals court's October 26, 2006 decision. Click here to read the Court's March 30, 2007 Revised Opinion.

We remain disappointed with the Court of Appeal's decision, under which Plaintiffs in the Farmers MDL-A lawsuit would not recover pursuant to the federal Fair Labor Standards Act. The only recourse from the Court of Appeal's decision with regard to the federal Fair Labor Standards Act claims is to successfully petition the U.S. Supreme Court to review the case. The U.S. Supreme Court takes only a small fraction of the cases where review is requested. However, we are currently evaluating this option.

The Court of Appeal's decision also means Plaintiffs will not recover under the wage and hour laws of Michigan for unpaid overtime during the years covered by the lawsuit. The case is over with regard to the Michigan claims.

The Court of Appeal's decision has left open the issue of Farmers' liability for overtime with respect to claims brought under the state laws of Illinois, New Mexico, Washington, Oregon, Minnesota, and Colorado. We are currently evaluating our litigation options and prospects for success with regard to the claims brought under the laws of these six states. We cannot predict at this time when, or how, these claims will be resolved.

This site is designed to provide general information and updates to members of the plaintiffs' classes in two overtime lawsuits filed against Farmers Insurance Exchange ("FIE" or "Farmers") on behalf of current and former Personal Lines Claims Representatives. Those two lawsuits are:

1. Balliet v. Farmers Insurance Exchange: The Balliet case is a new nationwide class action lawsuit brought on behalf of Personal Lines Claims Representatives against Farmers for unpaid overtime under federal and state law.
Click here to read about the Balliet lawsuit, as well as the impact on the Balliet lawsuit of the recent Ninth Circuit Court of Appeal's decision in the Farmers MDL-A lawsuit.

2. The Farmers MDL: The Farmers MDL was litigated in federal district court in Portland, Oregon beginning in 2001. The plaintiffs in the MDL brought federal and state overtime claims on behalf of a nationwide class of Personal Lines Claims Representatives.
Click here to read about the MDL Trial
Click here to read about plaintiffs' $52.5 Million Judgment.
Click here to read about the MDL Appellate Process

By clicking on the links above, you can learn more about the various lawsuits, read important legal documents, and find out about the law firms representing the plaintiffs in these actions.

We encourage you to contact class counsel with any questions or comments at info@farmersovertime.com or (866) 854-8550.

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