DONALD GREEN individually and on behalf of all others similarly situated V. FLEETCOR TECHNOLOGIES OPERATING COMPANY, UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, CASE NO: 1:17-cv-03575-LMM
Donald Green filed this lawsuit against FLEETCOR for their willful failure to pay overtime wages to himself and all other inside sales reps under various titles such as account manager and account executive in violation of the FLSA.
Throughout the past 3 years, Mr. Green routinely worked over 40 hours (overtime hours) but Fleetcor did not pay overtime wages, despite knowledge that he all other inside sales reps were working overtime hours. Green alleges that FLEETCOR tracked their work hours though logging into the phone system, and yet when they and all other inside sales reps worked overtime, FLEETCOR failed to pay them for the time, which, is contrary to the FLSA overtime laws.
Green also alleges that Fleetcor manipulated the time keeping DAYFORCE system, edited it, and as well permitted, pressured and coerced inside sales reps to work off the clock without overtime pay.
Green stayed late, came in early or worked through some or all of his lunch or meal breaks causing he and all other inside sales reps to work routinely over 40 hours. As the complaint alleges, the FLSA requires automatic payment of overtime wages when the employer has any knowledge or reason to know an employee worked over 40 hours, and a request by the employee is unnecessary and improper, especially where there is a culture of disciplinary action if any such employee were to seek to be paid for the overtime hours. Green also alleges a DE FACTO (unwritten) policy that inside sales reps were to work as many hours as necessary to hit quotas and production goals or they would lose their jobs, and work off the clock so as not to incur overtime hours.
FLEETCOR also violated the FLSA by not having a time tracking system for hourly non-exempt employees (the inside sales reps) to log in and out of for arrival, departure and breaks as required by the FLSA prior to day force, and they were not permitted to submit or claim their overtime hours.
The complaint seeks to recover overtime for ALL inside sales reps, wages at one and one half the employees regular rate of pay (which includes the value of all commissions in the calculation not just time and a half of the base pay), plus DOUBLE THE WAGES OWED as liquidated damages, attorney’s fees and expenses.
View the complaint (pdf).