A New York court has granted class-action status to a lawsuit filed by benefits consultants at a subsidiary of the WellCare health system, who allege they were misclassified.
WellCare classifies benefits consultants as exempt under the Fair Labor Standards Act () because it considers them outside salespeople. Benefits consultants promote WellCare’s various services. This, the company maintains, means the consultants are exempt from overtime under the FLSA.
But Miguel Aponte and Amado Correa claim the outside sales exemption doesn’t apply to their work, so they’re suing in the U.S. District Court for the Southern District of New York. In addition to violating the FLSA, the plaintiffs—and now dozens of similarly situated employees—argue that WellCare’s alleged misclassification violates New York.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/18522/health-system-consultants-gain-class-action-status-in-flsa-suit "
- Overtime settlement puts dent in body shop's profit
- Are there any downsides to paying a holiday premium to exempt employees?
- Over time, firefighters change view of overtime
- Performing same tasks as staff won't eliminate a manager's exemption
- When workers must wear special gear, beware lawsuit if you don't pay for 'donning & doffing'