Our firm is representing now eight former inside sales representative of Discrete Wireless/Fleetcor d/b/a NEXTRAQ for alleged violations of the (FLSA) Fair Labor Standards Act overtime wage provision. The suit 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.
View Nextraq / Discrete Wireless collective action complaint. (PDF)
Specifically, the lawsuit alleges that Discrete Wireless/Fleetcor d/b/a 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. The suit further alleges that the defendant cannot prove, and 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. Plaintiff further alleges that she and all similarly situated inside sales reps, routinely worked overtime, were encouraged to do so in order to meet or exceed sales quotas and keep their jobs.
The investigation reveals that Fleetcor/Discrete Wireless, d/b/a NEXTRAQ®, after the buyout or purchase by Fleetcor, recognized the FLSA violations and then put in place of a policy against overtime hours, as well as reclassifying the position as nonexempt from overtime (meaning 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. However, as the suit alleges, despite Fleetcor/Discrete Wireless recognizing the error and unlawful pay practice, they willfully did not go back and pay each employee all the overtime hours worked over the past three years as they should have.
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 Discrete Wireless/Fleetcor as liquidated damages as provided under the FLSA, plus attorney’s fees and costs.