On July 1, 2011, a class action lawsuit was filed in the U.S. District Court for the Northern District of Texas, on behalf of current and former inside sales employees of SuperMedia, Inc., to recover unpaid overtime wages for a three year period. The Complaint alleges that SuperMedia failed to comply with the Fair Labor Standards Act (“FLSA”) by failing to include commissions earned by plaintiffs and the putative class members in their regular rate of pay, shortchanging the amount of overtime owed to them under the FLSA.
The FLSA generally requires that an employee who works more than 40 hours a week be compensated for the hours worked over 40 at a rate of not less than one and one-half times the regular rate of pay. Plaintiffs were paid a salary or an hourly rate and were also paid commissions. SuperMedia failed to include the commissions in the “regular rate of pay” when calculating overtime pay due to its employees. Given the number of employees and the 3 year time period, SuperMedia potentially denied its employees millions of dollars in overtime compensation.
If you or someone you know believes your employer has failed to properly compensate you for overtime worked or any other type of compensation, please contact us to discuss your legal rights.