American Family Insurance Agent Lawsuit Granted Class Certification

A class action lawsuit has been certified stemming from allegations that American Family Insurance agents were misclassified as independent contractors when they were actually employees under the Employee Retirement Income Security Act and therefore were not pay benefits owed under ERISA.

The lawsuit, brought by American Family Insurance agents against American Family Mutual Insurance Company and other AF entities, centers on whether the agents’ termination benefits plan (also called extended earnings) is a retirement plan that must comply with ERISA.

ERISA is a federal law protecting retirement and other employee welfare benefits.

Plaintiffs claim that American Family Insurance misclassified its agents as independent contractors and, as a result of the misclassification, the termination benefits plan does not provide the minimum level of benefits required by ERISA.

The plaintiffs also claim that the agents may have been entitled to participate in certain employee benefit welfare plans.

American Family Insurance asserts that they have complied with ERISA requirements and that the agents are in fact independent contractors and are properly classified.

If you want to stay in the lawsuit, you don’t have to do anything. You will automatically remain a Class Member and your interests will be represented by the named plaintiffs and Class Counsel.

However, you will give up your right to bring your own case against the American Family Insurance for the claims included in this lawsuit that seek money damages.

If this case settles or the Court enters a final judgment, you will be bound by that settlement or judgment.

You are included in the lawsuit if you fall within one or more of the following Class definitions:

• Termination Benefits Class: Each person who signed an American Family Agent Agreement and (1) was an active agent as of Feb. 28, 2013, or (2) is a former agent whose Agent Agreement was terminated on or after Feb. 28, 2007;
• Termination Benefits Breach of Fiduciary Duty Class: Each person who signed an American Family Agent Agreement and (1) was an active agent as of Feb. 28, 2013, or (2) is a former agent whose Agent Agreement was terminated on or after Feb. 28, 2010;
• Health/Dental/Life/Disability Class: Each person who signed an American Family Agent Agreement and (1) was an active agent as of Feb. 28, 2013, or (2) was a former agent who became a full-time American Family Agent and came off an agent financing program on or after Feb. 28, 2007.

Class Members will automatically receive benefits unless they ask to be excluded no later than Feb. 21, 2017.

To be excluded from the Class, agents must send a letter that states they want to be excluded from the class action lawsuit. Include your name, address, telephone number, and signature and mail your request to Jammal, et al. v. American Family Ins. Group, et al. Class Action Administrator, 3301 Kerner Boulevard, San Rafael, CA 94901.

A trial date is scheduled for Jan. 23, 2017.

More information about this lawsuit can be found at www.AmericanFamilyClassAction.com.

The Class is represented by Jack Landskroner and Drew Lagando of Landskroner Grieco Merriman LLC; Charles J. Crueger and Erin K. Dickinson of Hansen Reynolds Dickinson Crueger LLC; Gregory F. Coleman and Mark Silvey of Greg Coleman Law PC; Edward A. Wallace, Kara A. Elgersma and Dawn M. Goulet of Wexler Wallace LLP.

The American Family Insurance Employee Misclassification Class Action Lawsuit is Jammal, et al. v. American Family Ins. Group, et al., Case No. 1:13-CV-437, in the U.S. District Court for the Northern District of Ohio Eastern Division.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone. The most common wage and hour complaints are: Unpaid Overtime, Unpaid Wages, Off-the-Clock Work, Employee Misclassification as Exempt, Employee Misclassification as Independent Contractor and Missed Meals & Breaks.

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