Suit Claims Former Marketplace Account Managers Owed Unpaid Overtime Wages

New to ClassAction.org? Read our Newswire Disclaimer

Marketsource, Inc. (Maryland) is facing a proposed collective action filed by a former account manager who claims she was misclassified as exempt from overtime wage requirements during her tenure with the company. According to the complaint, the plaintiff worked for the defendant between April 2012 and March 2016 as an exempt salaried employee and was often required to work more than 40 hours per week without receiving premium wages. She alleges she was assigned the FORD ESP (extended service program) account and was responsible for promoting the program and providing assistance to car dealership employees “according to standardized scripts and procedures.”

The suit argues that despite her title, the plaintiff’s job duties were not managerial in nature, meaning she should not have been classified as exempt from overtime under the Fair Labor Standards Act (FLSA).

According to the complaint, the defendant “recognized a violation of the FLSA in November 2016, and commenced with reclassifying many of its account managers and account reps as hourly non-exempt.”

“However,” the suit continues, “[the defendant] did not offer to pay, and refused to pay all such employees for all overtime hours incurred prior to this change.”