Feldman Legal Group and attorney Mitchell Feldman reached a settlement with Discrete Wireless/Fleetcor, d/b/a Nextraq, to settle the overtime wage claims of inside sales representatives. The employer encouraged the sales reps to work overtime hours to meet and exceed sales quotas for the sum of $750,000.
THE DETAILS OF THE DISCRETE WIRELESS/FLEETCOR (NEXTRAQ) INSIDE SALES REP CASE
CASE: Kelly Brown and David Gillard v. Discrete Wireless, Inc.; Fleetcor Technologies Operating Company, LLC; and Fleetcor Technologies, Inc. all d/b/a Nextraq. Case No. 8:14-CV-01922-VMC-EAJ
Our firm is representing eight former inside sales representative of Discrete Wireless/Fleetcor d/b/a Nextraq® (hereinafter referenced as Nextraq) for alleged violations of the Fair Labor Standards Act (FLSA) overtime wage provision. Our lawsuit seeks class certification on behalf of all similarly situated inside sales reps under any of the following titles: Account Manager, Account Rep, Customer Service Rep, Account Executive or Consultant.
Specifically, our lawsuit alleges that Nextraq misclassified inside sales representatives as exempt from the overtime section of the Fair Labor Standards Act during periods of time in which such employees should have been paid overtime wages for all hours worked. Our suit further alleges that the defendant did not have a good faith basis for misclassifying the plaintiff class as exempt because the position cannot satisfy the executive, administrative or outside sales exemptions. The plaintiffs also allege that they, and all similarly situated inside sales reps, routinely worked overtime. Their employer encouraged them to do so to meet or exceed sales quotas and keep their jobs.
Our investigation revealed that Nextraq, after the buyout or purchase by Discrete Wireless/Fleetcor (hereinafter referenced as Fleetcor), recognized the FLSA violations. The company then put in place a policy in which it would pay overtime hours. It also reclassified the sales positions as nonexempt from overtime. This means that if the inside sales reps work overtime, or hours above 40, they would require approval and would be paid time and one half or other additional compensation for their overtime.
However, as our lawsuit alleges, despite Fleetcor recognizing the error and unlawful pay practice, they willfully did not examine the history of pay for each employee. As a result, the company did not pay for all the overtime hours sales reps worked over the past three years as they should have.
Our lawsuit seeks to recover for the class of inside sales representatives the overtime wages owed for all hours worked beyond 40 hours in any week at a rate of one and one half the employee’s regular rate of pay (including the value of bonuses and commissions in the regular rate of pay). In addition, we seek an equal sum to be paid by Fleetcor, as liquidated damages as provided under the FLSA, plus attorney’s fees and costs.