On Oct. 14, a Pennsylvania food manufacturer was faced with a proposed class action suit. A route sales driver claimed his employer failed to pay overtime despite the fact that workers routinely clocked more than 50 hours per week. The employee is filing on behalf of all individuals currently or formerly employed by the manufacturer as route sales representatives.

The drivers were paid a salary of $500 a week and commission based on sales, but did not receive overtime, according to Philly.com

However, the plaintiff's case relies on whether his primary duty qualifies him as an outside salesperson. Under the Fair Labor Standards Act, outside salespeople are exempted from overtime pay requirements. For the exemption "the employee's primary duty must be making sales," and they must be "customarily and regularly engaged away from the employer's place or places of business."

The driver claims that the listed requirements for the position did not include prior sales experience when he joined the company in 2005, and that his training included instruction on driving an 8,000-pound van and operating a handheld order processor.

In order to avoid FLSA lawsuits, managers should keep careful records of employee time and make sure that workers are properly classified under federal and state laws.

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