Pennsylvania Grocery Salesman Files Suit to Seek Overtime Pay

A Pennsylvania grocery distributor claims he is entitled to overtime pay from his employer. According to the federal suit he filed at the U.S. District Court for the Eastern District of Pennsylvania, Brian Place claims his regular salary didn’t compensate for the number of hours that he worked as Sure Winner Foods’ sales administrator. The Maine based distributor specializes mostly in frozen foods.

Brian Place alleges that the distributor violated the federal Fair Labor Standards Act (FLSA) as well as Pennsylvania’s Minimum Wage Act. Place complains that he worked for Sure Winner Foods from February 2014 through April 2014. During the three month time period, Place traveled to various stores in central and eastern Pennsylvania. His job duties required that he stock products on store shelves for Sure Winner Foods clients. Place alleges that he spent substantially more than a full 40 hour work week on his standard schedule, received a fixed salary and that he was classified as exempt from overtime pay.

According to Mr. Place, his exempt status was incorrect and other employees at the distribution company are in similar positions with no recognition or pay for overtime. He alleges that he and other individuals filling similar positions in the company were (and are) being cheated out of wages they deserve. The suit specifies overtime pay violations specifically between 2011 an 2014. Mr. Place is seeking individual relief and collective relief from Sure Winner, urging other employees to step forward.

According to the Department of Labor site, employers must pay at least time and a half wages to any and all employees who work one or more hours over the 40-hour workweek mark. To discuss any of the many exemptions to the rule, contact the California overtime pay experts at Blumenthal, Nordrehaug & Bhowmik.