Fourth Circuit: Samuel Calderon v. GEICO General Insurance Company

FLSA for insurance investigators.

An employee who provides investigative services for a class of employees who are considered exempt on a case by case basis is not him or herself necessarily exempt.  Relevant precedent in the public sector applies to the private sector as well.

Executives decision to the contrary was not willful and reckless, as they acted in opposition to legal precedent that was, according to their predictions, subsequently reversed.

Court correctly construed the contract as straight-time for hours worked.

Error under statute not to award prejudgment interest.

http://www.ca4.uscourts.gov/Opinions/Published/142111.P.pdf