Dillard's Misclassified Salespeople To Avoid OT, Suit Says

Law360, New York (July 15, 2013, 12:58 PM EDT) -- A former employee of the department store chain Dillard's Inc. accused the company of misclassifying its sales associates as overtime-ineligible under the sales exemption of the Fair Labor Standards Act, according to a proposed collective action filed in Mississippi federal court Friday.

Sandra Weeden-Williams said the Little Rock, Ark.-based department store chain paid its salespeople on an hourly basis but refused to pay them overtime because they had the opportunity to earn commissions. Yet the suit claims the employer’s policies made it virtually impossible for them...
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