The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
FINDINGS OF FACT CONCLUSIONS OF LAW and ORDER OF COURT
Plaintiffs, Wells Hann, Elda Coco, personal representative of
the estate of James Coco, deceased, Edward Hann, Billy Myers, and
Floyd King initially brought this cause of action against
Defendant, Crawford & Company ("Crawford"), on September 21,
2000.*fn1 They filed their Third Amended Complaint along
with Plaintiff, Doug Radigan, against Crawford on June 17, 2002.
(Docket No. 59). Therein, Plaintiffs assert that Crawford
violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1), for failure to pay overtime wages for work in excess
of forty hours per week as insurance monitors, insurance
adjusters, and other work on four catastrophe projects (the Exxon
Valdez Oil Spill, the Ashland Oil Spill, the Uni-Mart Convenient
Store Underground Petroleum Leak, and the Buckeye Oil Spill)
between 1989 and 1992. A non-jury trial in this matter was held
on May 16 and 17, 2005 and May 19-20, 2005. Based on the same, I
make the following findings of fact and conclusions of law.
I. IDENTIFICATION OF THE PARTIES AND THEIR JOB DUTIES
1. Crawford is a provider of claims adjusting and cost control
services for insurance companies and self-insured businesses.
2. Crawford provides its services for both man-made and natural
3. Each of the six Plaintiffs worked for Crawford and claims
Crawford violated the FLSA for failure to pay overtime wages for
work in excess of forty hours per week as insurance monitors,
insurance adjusters, and other work on four catastrophe projects
(the Exxon Valdez Oil Spill, the Ashland Oil Spill, the Uni-Mart
Convenient Store Underground Petroleum Leak, and the Buckeye Oil
Spill) between 1989 and 1992.
4. Wells Hann was employed by Crawford from September 1989
through March 1991, as a supervisor for the response to cost
claims by thirteen different governmental agencies on the Ashland Oil Spill project.
5. James Coco was employed by Crawford from April 1988 through
August 1989, as an auditor/invoice reviewer and as a monitor on
the Exxon Valdez Oil Spill project ("Exxon Valdez project").
6. While on the Exxon Valdez project, Mr. Coco began working
out of the Exxon Valdez Command Center ("the Command Center") in
7. When Mr. Coco became a monitor on the Exxon Valdez project
he moved offices, but the location is unknown.
8. Edward Hann came to Crawford with 37 years of experience in
handling business interruption claims. Edward Hann was also a
part owner or sole owner of three companies where he complied
with state and federal wage laws.
9. Edward Hann was employed by Crawford as a claims adjuster
from August 1989 through September 1990, on the Exxon Valdez
10. While on the Exxon Valdez project, Edward Hann worked
solely out of the Exxon Claims Office at the Calais Building in
11. Billy Myers was employed by Crawford as an auditor/invoice
reviewer and a claims adjuster from April 1989 through March
1990, on the Exxon Valdez project out of the Command Center
(April 1989-August/September 1989) and the Calais building
(August 1989 March 1990). 12. Mr. Myers also worked as a claims adjuster from April 1990
through January 1992 on the ...