Allegations have surfaced that some companies are illegally denying their merchandisers overtime wages – and they're getting sued for it.
What We're Doing About It:
Attorneys working with ClassAction.org are investigating whether additional class action lawsuits can be filed. But first, they need to speak with merchandisers who weren't paid overtime despite working more than 40 hours a week.
What You Can Do:
If this happened to you, contact us using the form on this page. One of the attorneys handling this investigation may then reach out to you directly to ask you a few questions and explain more about your rights.
How Much Does This Cost?
Nothing. You don't have to pay anything and you're not obligated to take legal action simply because you contacted us.
Can I Get Fired for Speaking Up?
Federal law strictly prohibits companies from retaliating against workers who exercise their legal rights.
Attorneys working with ClassAction.org are investigating whether class action lawsuits can be filed against companies who don’t pay their merchandisers overtime.
Over the past several years, a number of businesses have been sued after misclassifying their merchandisers as exempt – or “ineligible to collect overtime.” Recent court rulings, however, have found that these employees are generally entitled to overtime pay when working more than 40 hours per week.
How Do I Know If I Should Be Receiving Overtime Pay?
It’s important to keep in mind that most employees are entitled to overtime pay. It has been alleged, however, that some companies have been misclassifying merchandisers as ineligible to receive overtime pay either to save money or because they don’t understand the law.
What Does the Law Say About Merchandisers?
Federal labor law relies on job duties, rather than job titles, to determine who is owed overtime pay. It outlines a number of “exemptions” – which are basically criteria that indicate an employee is not guaranteed time-and-a-half when working more than 40 hours a week. It is believed, however, that some merchandisers are being wrongly classified under one or more of these exemptions. As a result, they are being illegally denied extra pay for their overtime work.
The Outside Sales Exemption
Merchandisers may be wrongly classified under the outside sales exemption. To be truly exempt from overtime pay under the outside sales exemption, the employee must meet a set of three criteria. The last of these criteria requires that the worker’s primary duty is to make sales.
Most merchandisers, however, find themselves “stimulating” sales rather than actually making them. Often, their primary duties are to help customers pick a product and assist them at the register. As such, courts have found that most merchandisers are not outside salesmen and are therefore entitled to overtime when working more than 40 hours per week.
The Administrative Exemption
Another exemption companies misclassify merchandisers under is the “administrative exemption.” To qualify for this exemption, the employee must again meet three criteria – one of which is having the ability to “exercise…discretion and independent judgment with respect to matters of significance.”
Courts have found that merchandisers do not meet this criterion because they don’t possess this level of independence. For instance, they must check in with their supervisors often, do not have the power to negotiate pricing and must seek approval before deviating from standard procedure.
How an Unpaid Overtime Lawsuit Can Help
A lawsuit can help merchandisers who were misclassified collect up to three years of unpaid overtime wages. Furthermore, a successful class action could require the company to change its ways.
If you aren’t being paid overtime as a merchandiser, get in touch with us today. Attorneys we work with need to speak with employees to help determine how widespread this problem is and whether more lawsuits can be filed.
After you contact us, an attorney may reach out to you directly via phone or e-mail. It doesn’t cost anything to talk to a lawyer, we don’t share your information with anyone besides the attorneys we work with and you’re never obligated to take legal action just for inquiring.