Appeals Court Buoys Cruise Salesman’s Overtime Claim

Sales people who log long hours and land big deals one month may not be entitled to overtime pay. But if their sales dip the next month, overtime could kick in for those extra hours, according to a federal appeals court decision.

A federal judge in Florida wrongly determined a vacation seller’s eligibility for overtime by calculating his average weekly income across the entire period he worked for a cruise line rather than on a month-by-month basis, the Eleventh Circuit ruled April 13 (Freixa v. Prestige Cruise Servs., LLC, 2017 BL 121603, 11th Cir., No. 16-13745, 4/13/17).

“This ...