EMD Sales Workers Hold on to OT Award but Lose Bid for More Cash

A ruling EMD Sales Inc. impermissibly failed to give its sales representatives overtime pay was affirmed by the Fourth Circuit Thursday.

But the plaintiff workers lost on their argument that EMD’s violations were willful and that they were therefore entitled to greater damages.

The US Supreme Court’s loosening of interpretation standards for the Fair Labor Standards Act is also not in contrast with the circuit’s clear and convincing burden standard for employers claiming an exemption under the law, Judge Pamela A. Harris of the US Court of Appeals for the Fourth Circuit said.

EMD said that the sales representatives ...