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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!