A national collective action has been filed against the national insurance and financial services company for allegedly violating the federal Fair Labor Standards Act and California state law by misclassifying special investigators and senior special investigators as salaried exempt employees and thereby denying overtime compensation and proper meal and rest breaks. The lawsuit was filed in the Northern District of California on behalf of special investigators and other similarly situated employees.
Oct-26-07: "The litigation is in its initial stages," says lawyer Matt Morgan. "Nationwide has recently brought a motion asking the court to transfer the case from the northern district of California to the southern district of Ohio, Eastern division located in Columbus, Ohio.
This motion doesn't affect anyone who wants to join the suit. Rather, the motion essentially moves the case from one federal court to another.
"That motion is scheduled to be heard by the court in early December,' adds Morgan. "The case will proceed as if it will remain in the northern district of California unless the court grants Nationwide's motion and transfers it to Ohio.
"For the convenience of the witnesses and parties, Nationwide requested the transfer. However, we think it is appropriate for the plaintiffs to have the venue here in Northern California, where it is at the present timeâ"it just so happens that one of the named plaintiffs lives in California for works for Nationwide."
The lawsuit is not limited to those working in California: Nationwide has offices all over the US and investigators throughout the country can join.
