Former Executive Seeks Unpaid Overtime from Buddy Fruits

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Ouhlala Gourmet Corp. (which does business as Buddy Fruits) and an executive officer are the defendants in a proposed collective action filed by their former vice president of marketing, who claims the company employed an illegal policy of “docking” executives’ pay when they exceeded their paid time off. Though the plaintiff was allegedly classified as exempt from the overtime wage requirements of the Fair Labor Standards Act, the suit argues that the company’s pay policies violated the “salary basis” requirements of the FLSA, “rendering Plaintiff and all others similarly situated non-exempt for the period of time that this docking policy was in effect.” The plaintiff claims that he and other similarly situated employees are entitled to overtime wages for all the hours they worked in excess of 40 each week.