Advanced Retail Merchandising, Inc. is facing a proposed collective action filed by a former employee looking to recover allegedly unpaid overtime wages.
The plaintiff worked as a merchandiser for the defendant—a company that merchandises retail stores across the Southeastern United States—from June 2014 to October 2017, the case states. The plaintiff claims she regularly worked over 40 hours each week, performing duties such as installing shelves in stores and stocking them with merchandise, sometimes six to seven days per week for a fixed weekly salary of $525. According to the lawsuit, the plaintiff was not paid at a time-and-a-half rate for overtime hours worked.
The suit argues the former employee is entitled to overtime pay despite not being an hourly employee, as the nature of her job consisted of manual labor.
“…[T]he FLSA requires overtime pay to workers who primarily perform manual labor when they work in excess of forty hours in a workweek, even if those workers are paid a flat amount per week,” the complaint reads.