Sales Rep Alleges Flagrant FLSA Issues at Fleetcor Technologies

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Fleetcor Technologies Operating Company, LLC is on the wrong side of an inside sale representative’s proposed collective action over allegedly unpaid overtime. According to the complaint, the defendant sells fuel cards and workforce payment products to all sorts of business entities throughout the United States. The plaintiff claims he and similarly situated inside sales reps in two of the defendant’s Georgia offices were paid an hourly wage plus weekly commissions “based upon gallons charged to fuel cards.” Despite being led to believe during the hiring process that his job was a 40-hour per week position, the plaintiff alleges in the complaint that it “was not clearly explained that in order to service his customers and reach the quotas that he would routinely have to work over 40 hours in each work week.”

The complaint later describes a 2014 lawsuit filed against the defendant by another inside sales rep alleging the same violations of Fair Labor Standards Act (FLSA) overtime rules. The case reportedly resulted in Fleetcor Technologies, “for the first time,” implementing an actual time tracking system, which the complaint says was done as a “half-hearted effort to comply with the FLSA.”

According to the plaintiff, the defendant simply had no formalized timekeeping system at the beginning of his employment, instead opting to use a paper-based system that was “absolutely without accuracy.” Worse, management allegedly gave workers explicit instructions not to pencil in more than eight hours of work per day. The culture at Fleetcor Technologies only made matters worse, the complaint alleges.

“[The defendant], through its managers, encouraged and pressured [the plaintiff] and those similarly situated to work as many hours as necessary to meet sales prediction numbers and any employees,” the lawsuit claims. “Managers also applied pressure to push [the plaintiff] and the sales representatives to work extra hours because their bonuses/commissions also depended upon the sale representatives’ sales and gallons used.”