BOSTON — A former sales employee for Massachusetts Mutual Life Insurance Company recently filed a proposed class action unpaid overtime lawsuit against the insurance giant over allegations the company misclassified the plaintiff and other workers as “outside salespersons” to avoid paying these employees overtime wages. The claim further alleges the Springfield-based defendant illegally charged workers for business expenses, such as the privilege of using company desks to make sales calls at its call centers in Boston, Burlington, and Ashland, Massachusetts.
The class action unpaid overtime lawsuit, filed in Suffolk County Superior Court, claims the plaintiffs do not qualify for the classification of “outside salespersons” under the federal Fair Labor Standards Act (FLSA) but rather should be considered “inside salespersons.” Under the FLSA, outside salespersons have typically been understood to be traveling salespersons going door to door to make sales or otherwise off company property.
The FLSA classifies these outside salespersons as overtime exempt and are not due minimum wage either, since these workers spend much of their time traveling and earn a commission based income. On the other hand, inside salespersons working from company call centers also earn commissions but are entitled to overtime and minimum wages if their commissions do not cover the federal $7.25 per hour minimum wage for all their time on the job.
In his lawsuit, the named plaintiff claims he primarily made calls from MassMutual call centers and did not exercise the necessary levels of independence to warrant an overtime exempt outside sales call classification. Furthermore, the plaintiff claims the defendant made illegal deductions to worker paychecks for using company facilities and utilities to perform job functions.
Workers have filed similar lawsuits against other large insurance companies such as New York Life and Northwest Mutual, alleging the companies took liberties with out it classified sales staff in order to avoid paying overtime wages. Cases like these are important to changing the workforce landscape and ensuring hardworking people receive all their wages.
Outside Sales Unpaid Overtime Lawsuit
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.