Attorney Allen Vaught of Baron and Budd is currently working with co-counsel Ed Sullivan of Oberti Sullivan, LLP in a class action overtime violation lawsuit against SuperMedia, Inc., previously known as, Idearc, Inc., a publicly traded company that primarily sells print and online advertising to small and medium sized businesses. The lawsuit alleges that the company wrongfully denied hundreds of employees overtime wages over a several year period going back to January 1, 2010.
Under the FLSA, an employer is required to pay employees for all hours worked. If an employee performing outside sales duties works more than 40 hours per week, then that employee, even if paid a salary, a commission, or both, must also receive overtime compensation. Additionally, when such inside sales employees are paid overtime pay, their time and a half overtime rate must include all commissions in addition to the salary or hourly wage.
The lawsuit, entitled Jones v. Supermedia Inc., Case No.3:11-cv-01647-B, was filed in United States District Court in Dallas, Texas on July 1, 2011.
A trial date has been set for June 2, 2014 in this case.