Court allows class action in outside sales case — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Court allows class action in outside sales case

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in Human Resources,Overtime Labor Laws

A federal court has authorized a group of employees who claim they were misclassified as exempt outside sales employees to bring a collective action alleging unpaid wages.

Recent case: Shane worked for Valspar, a paint company, as a team territory manager. His job (and that of others who joined in the suit) involved traveling to designated Lowe’s stores to work in the paint department organizing shelves, offering painting tips to customers and mixing gallons of paint for customers to purchase at Lowe’s.

Shane and the other managers sued. Although they worked at least 50 hours per week, they weren’t paid for each hour. Instead, they had a set salary plus commissions on each gallon of Valspar paint sold. Valspar classified them as exempt outside salespersons and/or administrative employees.

The court allowed the lawsuit to proceed. (Simmons v. Valspar, No. 10-3026, DC MN, 2013)

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