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About this Case
The FLEETCOR FLSA Overtime Case and who is affected by this case.
Plaintiff Jaan Marion, a presently employed Fleetcor Outbound Sales Representative has filed this National FLSA Collective Action against FLEETCOR TECHNOLOGIES OPERATING COMPANY, LLC, and FLEETCOR TECHNOLOGIES INC individually, and on behalf of all persons presently employed and those persons formerly employed with Fleetcor as Inside Sales Reps (ISR) under any of these job titles: Account Manager, Regional Account Manager, Account Executive, National Sales Account Manager, Sales Executive, Outbound Sales Rep, Territory Salesman, Business Sales Consultant, Business Developer, Regional Account Executive, Sr. Sales Fleet Management Consultant, Fuel and Business Expense Management Consultant, Sales Representative, Elite Sales Rep, Customer Success Manager related to claims for UNPAID AND UNDERPAID OVERTIME hours.
As part of our continuing investigation into the alleged FLSA wage violations by FLEETCOR and in an effort to gather evidence in support of our position and corroborate facts about its pay practices, we are in need of speaking to as many Inside Sales Reps (ISR) as possible. We seek to determine if the positions and job duties/requirements are similar for all the various job titles used, as well to investigate and determine if the alleged unlawful pay practice at issue here is pervasive and long standing at FLEETCOR You are someone who has valuable information as a witness to the alleged unlawful pay practices.
The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 2d (BNA) 152: January 2013.
To be clear, the purpose of this website and contact by our law firm is NOT to solicit you to opt into and join this potential collective (CLASS) action lawsuit, (which will seek a national class certification) and to claim your wages, or to advertise our firm. Rather, we are contacting you to determine what your experience has been and if similar to what our client has alleged, and to corroborate facts for this case.
The inside sales industry is renowned for companies who steal wages and cheat sales employees from overtime pay in numerous schemes to avoid paying overtime wages in violation of the Fair Labor Standards Act (FLSA) (and other state wage laws), which holds that persons working as inside sales employees (BDR, SOM etc) are non-exempt employees and must be paid a premium for all hours worked more than 40 in every week. We have previously represented inside sales employees of: Fleetcor, over the past 6 years in similar FLSA collective actions and claims by individual ISR. Prior cases include: Jones and Bridgeforth v. Fleetcor, case No.1:15-cv-20455-KMM; Green v. Fleetcor, 1:17-cv-03575-LMM, Mitchev and Sellers v. Fleetcor Operating Company LLC; Case No 1:15-cv-03586-LMM; Case No. and Miller v. Fleetcor, Case No 1:13-cv-02403-SCJ; Joshua Walker v. Fleetcor Operating Company LLC et al; Case No Case No.: 1:16-cv-02003-CAP; 1:16-cv-03737-LMM; Taylor v. Fleetcor Technologies Operating Company, LLC; 1:17-cv-01324-WSD; Hill v. Fleetcor Technologies Operating Company, LLC; and the pending FLSA case for Call Center CSR employees in the case of Morrison v. Fleetcor Technologies Operating Company, LLC Case No. 1:21-cv-03950-TWT.
We are looking to speak to you for about ten minutes to discuss your employment experience with FLEETCOR. You are under no obligation at all to respond to this email or contact us even if you have relevant information, and we will not intentionally email you again.
The lawsuit will seek to recover for all present and formerly employed within the preceding 3 years, Inside Sales Reps of FLEETCOR UNPAID AND
UNDERPAID OVERTIME WAGES for all hours worked over 40 in each workweek, plus an equal sum in liquidated damages plus payment of attorney's fees and costs.
A copy of the lawsuit to be filed can be viewed here:
Please email us or call us at the office during normal business hours to discuss your work experience. I can additionally be reached after business hours and weekends at 813 906-8932, or my co-counsel Ben Williams at 904 515-7840. Let us know available days and times, nights or weekends to best call you, and the number to reach you at. Thank you for your time and consideration
The FLEETCOR FLSA OVERTIME PAY VIOLATIONS
The lawsuit claims and seeks to recover for Mr. Marion and all persons, (meaning you) who worked as FLEETCOR ISR during the period of December 2018 to December 2021 overtime wages for unpaid hours and underpaid overtime wages based upon the following alleged pay violations:
- Failure to pay overtime wages/premiums for all hours worked because Inside Sales Reps (ISR) were permitted to suffer to work off the clock in violation of the FLSA;
- Failure to notify ISR and pay ISR overtime wages and credit them 30 minutes for days when ISR took less than the required 30 minimum, bona fide, uninterrupted meal break, and as such Fleetcor should credit 30 minutes of overtime for each instance; see 29 CFR § 785.19 - Meal
- Fleetcor failed to include Commissions/bonuses in the regular rate of pay and overtime rates of pay in violation of See 29 CFR § § 778.108, 778.109 and willfully underpaid ISR even when paid for overtime hours;
- Fleetcor Managers unlawfully edited off or shaved off overtime hours worked in violation of the FLSA.
Tell us about your work experience at Fleetcor
We would appreciate 10 to 15 minutes of your time to discuss your work experience., and can make ourselves available day or night if need be. Please email me or call me at the office during normal business hours to discuss your work experience. I can additionally be reached after business hours and weekends at 813 906-8932, or my co-counsel Ben Williams at 904 515-7840. Let us know available days and times, nights or weekends to best call you, and the number to reach you at. Thank you for your time and consideration. Email: Mfeldman@flandgatrialattorneys.com; bwilliams@williamslawjax.com
Downloads
SEE AND READ THE COMPLAINT
Legal Disclaimer
RETALIATION BY AN EMPLOYER FOR MAKING, PRESENTING OR FILING A CLAIM UNDER THE FLSA IS UNLAWFUL AND S
OUR EXPERIENCE
FELDMAN LEGAL GROUP AND BEN WILLIAMS, ESQ. HAVE REPRESENTED INSIDE SALES REPS IN SIMILAR FLSA CLASS AND COLLECTIVE ACTIONS AGAINST: SAGE SOFTWARE, PARTSBASE, N3 AND ACCENTURE, VERIZON CONNECT, FLEETMATICS, FLEETCOR, DISCRETE WIRELESS/NEXTRAQ, AND ALSO HANDLED NUMEROUS OTHER FLSA COLLECTIVE ACTIONS AGAINST: BURGER KING, TIRE KINGDOM, TIRE CHOICE, AVIS-BUDGET, HERTZ, MARKETSOURCE, AMERICAN HONDA, LOWE'S HOME CENTERS, JW LOGISTICS, CUBESMART, GRANITE TELECOM.
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