Category Archives: Commissions

3d Cir.: Flat-rate Payment Scheme Constituted Commissions; Nutrisystem Sales Associates 7(i) Exempt

Parker v. Nutrisystem, Inc. This case was before the Third Circuit on Plaintiffs appeal of summary judgment in favor of Defendant.  Plaintiffs were sales associates, employed in Defendant’s call center, who completed sales orders on behalf of Defendant.  It was … Continue reading

Leave a Comment

Filed under Commissions, Exemptions

S.D.Ohio: Hybrid Salary Plus Commissions Plan Violated FLSA, Because Commissions Did Not Comprise More Than 50% Of Wages; 7(i) Exemption Not Applicable

Keyes v. Car-X Auto Services This case was before the Court on Plaintiff’s Motion for Summary Judgment, relative to his FLSA claims.  Defendants contended that they were entitled to the exemption from the overtime wage requirement under 7(i) of the … Continue reading

Leave a Comment

Filed under Commissions, Exemptions

N.D.Ga.: “Design Consultant” For Furniture Store, Paid Strictly Commissions, Retail Exempt Under 7(i)

Lee v. Ethan Allen Retail, Inc. Plaintiff brought this case based on 200-250 hours she claimed to have worked in overtime for Defendant, which she was not paid for. Defendant maintained the Plaintiff was subject to the so-called retail exemption … Continue reading

Leave a Comment

Filed under Commissions, Exemptions