A group of delivery drivers for a Pennsylvania-based food distributor are arguing their exemption under the Fair Labor Standards Act in U.S. District Court.

The four drivers claim that they are hourly, non-exempt employees entitled to wages based on time worked and overtime pay when performing duties for more than 40 hours per week, according to local news source The Pennsylvania Record. Their employer countered that the group is considered outside salespeople, who earn a base salary and commission based on sales to stores made along delivery routes.

Time and attendance tracking is required for the majority of workers but outside sales is one of the five major exempted categories under the FLSA. Such salespeople must be paid a base salary of $455 per week, but their employers are then freed from overtime or minimum wage requirements.

To be excepted from the act, such workers must have their primary duties involve selling products, contracts or services and usually operate outside of their employer's offices or a set work area.

Companies can use attendance tracking software to maintain records of hours worked and wages earned by employees. This helps organizations stay compliant with the FLSA and protects against litigation.

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