News & Analysis as of

Salespersons Fair Labor Standards Act (FLSA) Class Action

Jackson Lewis P.C.

Store Sampler Representatives Are Exempt Outside Salespersons, First Circuit Holds

Jackson Lewis P.C. on

Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?...more

Fox Rothschild LLP

Second Circuit’s Review Of Position Description Determines Outcome In FLSA Outside Sales Class Action

Fox Rothschild LLP on

This is an interesting case. A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description on the key issue of duties...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Laner Muchin, Ltd.

Recent Settlement Of FLSA Collective Action A Reminder Of The Perils Of Outside Sales Exemption

Laner Muchin, Ltd. on

A federal district court judge recently approved the final settlement of a lawsuit between a collective class of sales representatives and their employer regarding an alleged misclassification under the outside sales...more

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