NEW YORK — A former salesman for a high end Christmas display company recently put some coal in his employer’s stocking when he filed an unpaid overtime lawsuit alleging the New York-based company failed to pay him proper wages. The defendant, American Xmas, sells Christmas displays to big retailers like Saks and Cartier, as well as New York City landmarks like Radio City Music Hall and the Empire State Building.
According to the suit, filed in Manhattan Supreme Court in New York City, the plaintiff routinely worked 50 hours per week during the off season and as many as 70 hours per week during the holiday season. In his complaint, the plaintiff alleges his former employer paid him $85,000 per year with a 3% commission on sales.
Despite putting in so much overtime, the plaintiff claims his employer never paid overtime wages and alleges the defendant went as far as to explicitly tell employee no overtime would be authorized or paid. The suit alleges that the defendant removed mandatory labor and wage law posters from employee break rooms where the law requires the information displayed for all workers to see.
Like many other wage theft victims, the plaintiff assumed his employer followed the law and did not have to pay him overtime. According to reports, the defendant brings in an estimated $12 million per year setting up holiday displays, a bottom line which may be padded by withholding hard earned pay from company workers.
When Does My Job Have to Pay Me Overtime?
Under the Fair Labor Standards Act (FLSA), almost all non-salaried employee are entitled to one and a half times their regular hourly rate of pay when they work more than 40 hours in a week and some states have even more robust wage laws. Only certain classes of workers can be overtime exempt and must perform certain job duties under the FLSA.
Often times, employers deceive their employees by classifying them as overtime exempt, making them “managers” in name only but do not ask these workers to take on the actual responsibilities required. Individuals who believe they may be the victims of wage theft should contact an experienced unpaid overtime lawyer about their case.
Commission Sales Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.