By Steve Jones, Jack Nelson Jones & Bryant, P.A
The 8th Circuit recently held that an electronics manufacturer’s “brand advocates” were incorrectly classified as “exempt” employees under the Fair Labor Standards Act (FLSA). As a result, the employees will get a chance to convince a jury that they’re entitled to overtime under the FLSA.
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Under the FLSA, nonexempt employees are entitled to additional hourly pay for every hour beyond 40 they work during the workweek. ActionLink admitted that the brand advocates worked more than 40 hours per week and didn’t receive additional wages for their overtime work.
However, the company raised two defenses: that the brand advocates were “outside salesmen” and they fit under the “administrative exemption.”
Read more here.