Where the Department of Labor has alleged that a defendant employer misclassified its inside sales representatives as exempt from overtime pay, the DOL is entitled to summary judgment because the representatives are not administratively exempt under the Fair Labor Standards Act.
“Plaintiff Julie Su, the Acting Secretary of the United States Department of Labor (‘the ‘Secretary’), brings this action against Defendant F.W. Webb Company (‘Webb’) pursuant to the Fair Labor Standards Act of 1938 (the ‘FLSA’), as amended, 29 U.S.C. §201 et seq., asserting three claims for (1) misclassifying its Inside Sales Representatives (‘ISRs’) as exempt from overtime pay; (2) failing to maintain records of the hours each of their non-exempt employees worked; and (3) unlawfully retaliating against employees by dissuading them from speaking freely to the Secretary’s investigators. … The Secretary has moved for partial summary judgment on its overtime, recordkeeping, and retaliation claims. … Webb has also moved for partial summary judgment as to the Secretary’s retaliation claim. …
“For the following reasons, the Secretary’s motion for summary judgement [Dkt. 63] is granted in part on the following issues: (1) Webb’s ISRs are not administratively exempt under the FLSA; (2) Webb failed to pay its ISRs the premium required by the FLSA for all overtime hours worked from August 4, 2018 to present; and (3) Webb violated the recordkeeping requirements of the FLSA. The Secretary and Webb’s motion...
President Donald Trump, Vice President JD Vance, and other Republican officials came together for a 2-day convention this week to rally voters in advance of the midterm elections in November. But ...