TORION SELLERS and RENEE BELL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILAR SITUATED v. SAGE GROUP PLC, SAGE SOFTWARE INC., AND SAGE PAYMENT SOLUTIONS INC., UNITED STATES DISTRICT COURT, ND GEORGIA, CASE NO: 1:17-cv-03614-ODE
Torion Sellers AND Renee Bell worked as inside sales representatives for SAGE in Atlanta, Georgia under the titles of Account Manager or Account Executive and were treated by SAGE as non-exempt, hourly employees (meaning entitled to overtime wages and non-exempt from the overtime laws).
Both Sellers and Bell routinely worked over 40 hours (overtime hours) but SAGE did not pay overtime wages, despite knowledge that both and all other inside sales reps were working overtime hours. Both allege that SAGE tracked their work hours though logging into the phone system, and yet when they and all other inside sales reps worked overtime, SAGE failed to pay them for the time, which, is contrary to the FLSA overtime laws.
Sellers and Bell either stayed late, came in early or worked through some or all of their lunch or meal breaks causing them 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 pimproper, especially where there is a culture of disciplinary action if any such employee were to seek to be paid for the overtime hours. The Plaintiffs allege 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.
SAGE 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.
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 liquidate damages, attorney’s fees and expenses.
See the complaint link: https://app.box.com/s/48opk1monle2w7ks6ymdacdxkfdgl28g