Sales Representatives File Suit Seeking to Change Elite Promotional Marketing’s Pay Practices

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Elite Promotional Marketing, Inc. is on the receiving end of a proposed class and collective action filed by former and current sales representatives who claim they weren’t paid properly for all their hours worked. The defendant – which also does business under the names Elite Marketing Group, Elite Marketing Group (Atlanta), and EliteACQ – reportedly required the plaintiffs to work in kiosks at the Delta gate area of the Hartsfield-Jackson Atlanta International Airport. According to the suit, they were responsible for encouraging travelers to sign up for Gold and Platinum Delta SkyMiles American Express credit cards and submit surveys rating each representative’s performance. The plaintiffs were paid $10.00 per hour, the case says, plus a bonus for each completed credit card application and survey.

The lawsuit claims that the plaintiffs and those similarly situated would routinely work through their 30-minute lunch breaks and past their scheduled departure times without being paid for those extra hours at either their straight-time rate or, when they worked more than 40 hours in a week, a premium overtime rate. Further, the case alleges that the defendant should’ve, in addition to paying overtime, included employee bonuses in its determination of their regular rate of pay when calculating their time-and-a-half overtime rate.

One of the named plaintiffs says he complained to a manager regarding the alleged lack of overtime pay and was fired “within a few days,” supposedly in direct retaliation for voicing his complaints.