NEXUS BUSINESS SOLUTIONS BUSINESS DEVELOPMENT MANAGER (BDM) FLSA CLASS/COLLECTIVE ACTION FOR OVERTIME WAGES LAWSUIT
ALICIA BROWN, individually and on behalf of all others similarly situated v. NEXUS BUSINESS SOLUTIONS, NORTHERN DISTRICT OF GEORGIA. CASE NO.: 1:17-cv-01679-CAP
Ms. Brown alleges for herself and all other present and former BDM that they were misclassified as exempt employees and thus entitled to overtime wages under the FLSA, plus an equal sum in liquidated damages.
Brown worked as a salaried business development manager working from her home and seeking out business leads of businesses who have fleets of vehicles by marketing and promoting General Motors to the businesses. However, Business Development Managers do not sell the vehicles nor take orders for vehicles and all sales and orders for GM vehicles are conducted by GM dealers or other Fleet vehicle companies.
Thus, Brown contends that NEXUS, who has the burden to prove an exemption from the overtime wage laws of the FLSA, cannot prove BDM are exempt under the Outside Sales Exemption since they do not actually sell anything and that their primary duty is marketing and promotion and generating leads. Further that they fail the administrative exemption since their primary duty does not involved discretion and judgment and is tied to production. Simply paying an employee a salary is not a defense to paying overtime wages under the FLSA.
The case seeks to recover overtime wages plus an equal sum in liquidated damages, attorney’s fees for all present and former BDM employed in the past 3 years. Any BDM wishing to discussion their experience should contact the law firm. The FLSA prohibits retaliation for making a claim or pursuing wages, and a person’s rights to wages under the FLSA generally cannot be foreclosed by a severance agreement.
View the complaint.(PDF)