Farm Bureau Insurance Agency Manager Sues Over Potential Wage Violations
by Erin Shaak
Last Updated on September 11, 2018
Varner v. South Carolina Farm Bureau Insurance Company et al
Filed: July 30, 2018 ◆§ 3:18cv2098
The six companies that operate the Farm Bureau insurance business are facing a former agency manager’s claims that he was misclassified by the defendants as an independent contractor as a means to avoid paying him overtime wages.
The six companies that operate the Farm Bureau insurance business are facing a former agency manager’s claims that he was misclassified by the defendants as an independent contractor as a means to avoid paying him overtime wages.
According to the complaint, agency managers who contracted with the defendants—South Carolina Farm Bureau Insurance Company; South Carolina Farm Bureau Mutual Insurance Company; Palmetto Casualty Insurance Company; Oconee County Farm Bureau; Southern Farm Bureau Casualty Insurance Company; and Southern Farm Bureau Life Insurance Company—should have been classified as Farm Bureau’s employees due to the nature of their working relationships with the companies. In particular, the case argues that the defendants exercised a significant level of control over the managers’ duties, requiring them to adhere to strict policies and procedures while maintaining the right to hire, fire, or reassign the workers. Moreover, agency managers—responsible for soliciting, selling, and servicing the defendants’ insurance policies—performed work that was “an integral part” of Farm Bureau’s business and would often work for the companies for years on end, the suit says.
The plaintiff further claims he and other workers were subject to bi-annual evaluations and were not permitted to perform work for competitors – aspects the case argues are typical of an employer-employee relationship.
The lawsuit notes that as a result of agency managers’ alleged misclassification, the defendants neglected to pay proper overtime wages for hours worked in excess of 40 each week.
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