Case: Wage & Hour/Overtime (6th Cir.)

A divided Sixth Circuit panel upheld a jury verdict that Just Energy Inc. and its subsidiary Commerce Energy are liable for underpaying Ohio door-to-door solicitors in violation of the Fair Labor Standards Act, because these workers don’t qualify as outside salespeople, in part because they lack the authority to “close” sales. The district court entered a judgment of over $4.8 million after a jury found that the solicitors were improperly classified as outside salespeople and were owed minimum wage and overtime pay. The solicitors’ duties in helping potential customers fill out an application or customer agreement for Just Energy’s services, ...