Fortune International Realty Facing Former Employee’s Wage and Hour Suit

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Note: This case was dismissed with prejudice after the parties reached a private settlement.

A former employee of Fortune International Realty, Inc. has filed suit against the company, claiming it misclassified her as an independent contractor and failed to pay her proper wages. The plaintiff says she performed inside sales work for the defendant and was paid only commissions, which the complaint says she was given in the form of a “draw” on her sales revenue that she was expected to pay back to the company. Additionally, she was allegedly denied time-and-a-half overtime wages for all the hours she worked above 40 each week. The suit argues that the defendant’s level of control over all aspects of the plaintiff’s job qualified her as an employee rather than an independent contractor, meaning she should have been paid minimum and overtime wages in accordance with the Fair Labor Standards Act.