A federal judge has overturned his earlier decision in a Fair Labor Standards Act case involving several women who had been hired to sell houses in a new subdivision. The women claimed Brayson Homes owed them overtime and minimum wages.
Brayson Homes had classified them as exempt outside salespersons, but the judge disagreed. He ordered that the case go to trial. (Billingslea, et al., v. Brayson Homes, No. 1:04-CV-00962, ND GA, 2007)
Meanwhile, the folks at the U.S. Labor Department published an opinion letter addressing exactly the situation in the case. The letter said those selling real estate in a subdivision, who also regularly work outside the model home they are assigned to, are outside salespersons exempt from the overtime and minimum wage provisions.
So the judge overturned his earlier decision and dismissed the case.
Final note: It’s a good idea to check Labor’s opinion letters regularly. Go to www.dol.gov/esa/whd/opinion/opinion.htm.
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/3417/judge-reverses-decision-after-labor-dept-issues-opinion-letter "
- 2009 in labor and employment law, from A to Z
- It follows California contract law: Employees have 4 years to sue for ERISA benefits
- Make choice up front: Employee or contractor
- Coughing up new COBRA subsidy payments? Find the tax cure
- Consult your attorney for expert assistance on workers' compensation disputes