SAN JOSE, Calif. — District Sales Managers employed by Avon Beauty Products received class certification from a California federal judge recently in their proposed class action overtime pay lawsuit. The sales managers claim the beauty product supply company misclassified their positions and denied them the overtime wages to which they were entitled. The lawsuit seeks back wages for unpaid overtime under state labor law.
The Beauty Claim
The lawsuit was originally filed in April 2013 by a former District Sales Manager, Cavalier Nelson. Nelson filed on behalf of herself and other similarly situated District Sales Managers in California. In the lawsuit, Nelson alleges the company denied state mandated meal and rest breaks, failed to provide accurate wage statements, and did not pay overtime when the managers worked more than 40 hours in a workweek.
Nelson alleges that District Sales Managers were denied overtime as a result of being misclassified as exempt under state labor law. The District Sales Managers allegedly spent the majority of their time recruiting sales representatives who would then sell Avon’s products. Nelson claims recruiting responsibilities are non-exempt work. And more importantly the District Sales Managers allegedly did not spend much, if any, time on duties related to the management of the sales representatives. This would likely mean the District Sales Managers did not qualify as exempt from overtime under the “executive” exemption. Furthermore, Nelson claims the District Sales Managers did not have the authority to makes sales, which means they were not exempt under the “outside salespersons” exemption.
The executive and outside salespersons exemptions are the two most likely exemptions a District Sales Manager could be classified under. Nelson claims that because District Sales Managers did not have the necessary duties or authority to qualify for either exemption, they should have received overtime wages. With class certification current and former employees who are or have worked for Avon as a District Sales Manager in California at any time between April 2009 and the present may be eligible to join the lawsuit and seek back wages.
If you are an Avon District Sales Manager, or are responsible for recruiting, and you are not receiving compensation for all of the hours you work, including the overtime you have performed, you may have a wage or overtime pay claim. Time is limited for filing wage and overtime complaints so it is important to call today! Our experienced team of overtime pay lawyers can be reached at (855) 754-2795. Or complete our Free Unpaid Overtime Case Review form and our legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.