Judge Finds Hershey Sales Reps Not Exempt From OT

Law360, New York (February 23, 2011, 4:34 PM EST) -- A federal magistrate judge in California ruled Wednesday that Hershey Co.'s retail sales representatives do not fall under the outside sales or administrative exemptions to the Fair Labor Standards Act's overtime pay requirements.

Granting partial summary judgment to collective action plaintiffs, Magistrate Judge Bernard Zimmerman of the U.S. District Court for the Northern District of California found that both the letter and the spirit of the FLSA required Hershey to pay its retail sales representatives overtime.

Hershey created the entry-level retail sales representative position in 2003...
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