Here is another example of an employer allegedly mis-classifying employees and not paying them overtime hours correctly. Employees should always be aware of their ‘status’ with their employer, and makes sure they are being classified correctly, and paid correctly!

Employees for Russell Stover Candies Inc. filed a federal wage-and-hour lawsuit against the company, saying they were intentionally mislabeled as sales representatives and none of them “has ever been paid overtime.”

Russell Stover Candies Inc., based in Missouri, employs about 5,000 people, including more than 170 sales representatives, the complaint said. The “overwhelming majority” of its candy is delivered to retailers like Walmart and grocery stores.

Nine workers said Russell Stover “misnamed them as ‘sales representatives,'” making them exempt from overtime, when none of them worked primarily in sales, as required by the Fair Labor Standards Act of 1938. Most of the company’s sales are performed or originate from employees other than the plaintiffs, the court filing said.

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