AKRON, Ohio. — Nearly 500 route-sales drivers for Alfred Nickles Bakery in Ohio received court approval to move forward with their class action overtime pay lawsuit against the company. The federal court judge accepted an agreement between the bakery and the route-sales driver who initially filed the claim to expand the lawsuit. The route driver claims that Nickles misclassified its route-sales drivers as exempt from overtime pay in violation of the Fair Labor Standards Act (FLSA). Notices of the approved class action will be going out to the nearly 500 route-sales drivers in the near future.
Drivers’ Claim
According to the newly approved class action lawsuit filed by Jeff Twiddy Sr., the bakery classifies its route-sales drivers as exempt from overtime under the outside sales exemption. The route-sales drivers, however, claim the exemption did apply to their position at one time, but no longer does. And the drivers believe they should be receiving overtime wages when they work more than 40 hours in a workweek, particularly since the route-sales drivers claim they regularly work more than 50 hours each workweek.
Currently Nickles pays its route-sales drivers a wage as well as commissions on any sales they make while on their route. Because of the commission on sales and the fact that the drivers perform the majority of their duties away from the bakery’s locations, it would appear that the drivers may be exempt. However, the drivers claim that while route-sales drivers originally would sell product to various stores and customers along their route, presently the route drivers primarily deliver and restock product to already established sales contracts along their route. Allegedly, little to no selling occurs during the route-sales drivers’ shifts.
Outside Sales Overtime Exemption
One of the few exemptions from overtime under the FLSA is for outside sales. Outside sales employees are responsible for making sales or obtaining orders or contracts for services from customers for their employer. Additionally, outside sales employees, as their title suggests, perform their duties outside of their employer’s place of business.
If the outside sales employee meets both of those requirements, the employee will likely be exempt from overtime pay, under the FLSA. However, as with all overtime exemptions, an employer is required to perform an individual evaluation of the employee’s duties and responsibilities prior to classifying them as exempt. In the case of the route-sales drivers, even though “sales” is in their job title, if they do not actually have a primary duty of selling product or contracts, they are likely entitled to overtime pay when they work more than 40 hours in a workweek.
If you believe your employer has misclassified your position as exempt call our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.