Energy Co. Asks Full 6th Circ. To Hear FLSA Class Action

Law360 (September 15, 2020, 5:05 PM EDT) -- Energy conglomerate Just Energy asked the full Sixth Circuit to reconsider a divided panel's ruling that a class of employees is covered under the Fair Labor Standards Act, arguing the majority flouted U.S. Supreme Court precedent and created an untenable circuit split with its interpretation of an exemption for outside salespeople.

In a petition for rehearing en banc filed Monday, Just Energy told the Sixth Circuit that the decision last month effectively narrowed an exemption to federal minimum wage and overtime law for outside salespeople by considering factors beyond those the Supreme Court has applied when interpreting the exemption.

"The court should...

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