Split 6th Circ. Says Energy Co. Workers Not FLSA Exempt

Law360 (August 31, 2020, 11:25 PM EDT) -- A split Sixth Circuit panel ruled Monday that a class of Just Energy employees is covered by the Fair Labor Standards Act, with the majority sweeping aside the energy conglomerate's argument that the employees were "outside salesmen" exempt from the FLSA.

U.S. Circuit Judges Eric L. Clay and Jane Branstetter Stranch, writing for the majority in the published opinion, said the employees didn't clear the bar for the "outside salesman" exemption.

The employees weren't making sales, the judges said. Rather, they were getting customers to sign nonbinding agreements.

"The fact that Just Energy retained discretion to finalize the sale is not...

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