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B&B Managing Partner Quoted in Lawyers Weekly on Overtime Case

By July 21, 2023No Comments

Michael Mason spoke to Massachusetts Lawyers Weekly about a recent federal court decision that clarified employers’ obligation to pay overtime and keep accurate records of hours worked. The court held that the defendant, F.W. Webb Co., violated the Fair Labor Standards Act by misclassifying its inside sales representatives as exempt from overtime.

The company had argued that because the sales representatives’ duties included advising customers on products and services, they exercised discretion that qualified them under the FLSA’s ‘administrative exemption.’ However, the court disagreed and found that because the employees’ main job duties served the business goal of increasing sales, they were not exempt. As Attorney Mason explained, “These inside salespeople weren’t at the level of running the business or primarily serving the business itself through their work. They were selling the company’s products.”

This decision helps to clarify the rights of inside salespeople to receive overtime pay, even if their job duties include other tasks. Attorney Mason focuses his practice on employment disputes, such as non-payment of wages and unpaid overtime claims, and he was honored to share his thoughts on this important decision.