Suffering an Unfair Job Loss is Tough, our california employment attorneys can help.

Russell Stover's Outdoor Sales Representatives Sue for Employee Misclassification

May 15, 2013

In this week's wage and hour news, employees for the well-known candy company Russell Stover Candies filed a federal lawsuit against the company, accusing the candy maker of employee misclassification and failure to pay overtime compensation.

According to the wage and hour lawsuit, nine workers claim that Russell Stover erroneously classified them as sales representatives, making them exempt from overtime compensation--where their actual responsibilities did not involve sales. The lawsuit claims that most of the candy company's direct sales are preformed by other employees.

The sales representatives claim that the majority of their duties include receiving candy shipments, inspecting them, unpacking, cleaning, stocking, driving to stores, repairing display fixtures and processing credits. One plaintiff who worked for the company from 2005 until 2012 claimed that her duties included manual labor, and that she regularly worked over forty hours in a workweek but was never paid overtime. The company is also being accused of creating an erroneous calculation of hours on the plaintiffs' paychecks, to show that they only worked forty hours, when in reality they worked more overtime hours.

As Vincent Howard frequently reports in Howard Law PC's Huntington Beach employment attorney's blog, the FLSA enforces that most employees are paid with the federal minimum wage, $7.25, for all hours worked, plus overtime payment totaling one and one-half their regular payment rates for all hours worked over forty hours in a week of employment.

The FLSA also provides minimum wage and overtime payment exemptions for outside sales employees. To qualify for an exemption as an outside sales employee, the worker's primary responsibilities must be making sales, or getting orders or work contracts for services for the company, whereupon a consideration will be paid by either the client or customer. This business must be engaged on a regular basis away from the employer's establishment of business.

In Irvine, California contact labor and employment attorney Vincent Howard at Howard Law, PC today.

Russell Stover Candy Company Workers Sue for Overtime, ABC News, May 11, 2013

Related Web Resources:

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)

Department of Labor (DOL): Wage and Hour Division (WHD)

Fair Labor Standards Act: Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA)

Related Blog Posts:

NY Exotic Dance Club to Pay $8M for Employee Misclassification, California Employment Lawyers Blog, April 26, 2013

Exotic Dancers Win $12.9M in Spearmint Rhino Employee Misclassification Lawsuit Settlement, California Employment Lawyers Blog, December 4, 2012

NY Judge Decides Unpaid Internship Lawsuit Against Fox Searchlight Can Grow, California Employment Lawyers Blog, October 12, 2012

Texas Pipe Company to Pay over $104K in Back Wages for Employee Misclassification, California Employment Lawyers Blog, September 10, 2012

Celine Dion Sued for Employee Misclassification, Wage and Hour Violations, California Employment Lawyers Blog, July 10, 2012

Permian Basin Community Centers to Pay Almost $69K for Employee Misclassification Violations, California Employment Lawyers Blog, June 13, 2012

Aspen Power Pays Over $485K in Overtime Back Wages for Employee Misclassification, California Employment Lawyers Blog, June 4, 2012

Wal-Mart To Pay Nearly $5M in Back Wages, Damages for Employee Misclassification, California Employment Lawyers Blog, May 25, 2012

Novo Nordisk Sued in Another Employee Misclassification Lawsuit for $70M, California Employment Lawyers Blog, April 10, 2012

DOL Launches Employee Misclassification Initiative in Seattle-based Nail Salons, California Employment Lawyers Blog, March 12, 2012

State of California Signs Agreement with DOL to Reduce Employee Misclassification, California Employment Lawyers Blog, February 20, 2012

Temp Agency to Pay Nearly $250K for Wage and Hour Violations, Employee Misclassification, California Employment Lawyers Blog, February 15, 2012

CA Drug Sales Reps Sue Novo Nordisk in Class Action Wage and Hour Lawsuit, California Employment Lawyers Blog, July 28, 2011

Exotic Dancers Could Get $10M in California Class Action Employment Misclassification Lawsuit Settlement, California Employment Lawyers Blog, April 27, 2011

Strip Club Violates FLSA--Judge Rules Exotic Dancers are Not Independent Contractors, California Employment Lawyers Blog, May 27, 2011