FLEETMATICS FLSA COLLECTIVE ACTION: MISCLASSIFICATION OF INSIDE SALES REPRESENTATIVE AND FAILURE TO PAY OVERTIME WAGES
The case is Pate, Gillard, Stramiello, individually and on behalf of all others similarly situated v. Fleetmatics USA LLC. 8:16-cv-00081-JDW-MAP, pending in the United States District Court, Middle District of Florida.
Plaintiff are present and former inside sales representatives of Defendant Fleetmatics working under titles of business development representative and closer. The lawsuit seeks conditional certification as a collective action on behalf of the class of inside sales representatives consisting of all current and formerly employed inside sales reps of Fleetmatics working under one or more of the following job titles: Closer, Business Development representative, Account Manager, Account Rep, Consultant, Account Executive, Account Manager and others over the preceding 3 years.
View the Fleetmatics collective action complaint.
Specifically, the lawsuit alleges that FLEETMATICS USA LLC 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 as a matter of law, overtime wages for all hours worked. The suit further alleges that the Defendant, which as the Employer has the burden of proof, cannot prove, and did not have a good faith basis for misclassifying the plaintiff class of inside sales representatives as exempt from overtime wages under the FLSA because the position cannot satisfy the executive, administrative or outside sales exemptions. Plaintiffs further allege that they and all similarly situated inside sales reps, routinely worked overtime at the behest, encouragement and acquiescence of Fleetmatics; were encouraged to do so in order to meet or exceed sales goals or quotas, earn commissions, and to keep their jobs.
The investigation thus far reveals that Fleetmatics classifies inside sales representatives as exempt from overtime under the FLSA, and pays all on a salary and commission or bonus basis.
The lawsuit seeks to recover for the class of inside sales representatives, 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, an equal sum to be paid by Fleetmatics as liquidated damages as provided under the FLSA, plus attorney’s fees and costs. The suit seeks such damages for a period of 3 years.
Plaintiffs and the undersigned counsel continue to investigate whether these unlawful pay practices occurred in all Fleetmatics offices and locations in the U.S., including NC, AZ, IL and FL.
The suit explains that FLEETMATICS, as the employer, has the burden to prove the inside sales employees were exempt from overtime wages under the FLSA, but cannot do so.
The attorneys at Feldman Legal Group. assist employees involved in overtime and wage and hour disputes as well as employment discrimination matters in Tampa and Atlanta