Lawsuit Investigation: Brand Advocates Misclassified as Exempt Employees

Berger Montague is investigating a potential class action lawsuit on behalf of current and former brand advocates who claim they were not paid overtime.

About the case

In September 2011, the United States Department of Labor (DOL) began investigating a complaint that ActionLink, LLC, a marketing company, had misclassified their brand advocate employees as exempt under the Fair Labor Standards Act (FLSA) and failed to pay them overtime compensation.

During the DOL investigation, ActionLink agreed to reclassify brand advocates as non-exempt and to pay them their missing back wages.

Depending on the organization, brand advocates may perform the following duties:

• Implement a sales/marketing plan for products, and then help execute the Out-of-Home (OOH) advertising/marketing campaigns
• Teach retail companies’ staff about their new products at the time of launch, and train the sales associates on how to properly recommend those products to in-store customers
• Work closely with product managers and sales teams
• Conduct business-to-business sales calls to set phone and in-person appointments about their products
• Call on prospective customers to obtain their business, as well as manage existing business
• Track and report sales activity
• Provide support in the creation of all in-store points of purchase

Depending on the organization, brand advocates may also be referred to as:

• Outside Salesperson/Salesman/Saleswoman
• Junior/Mid-Level Project Manager
• Brand Ambassadors
• Operations Consultants
• Customer Advocacy Specialists
• Customer Experience Specialists
• Client Relationship Associates
• Community Outreach Coordinators
• Merchandising Coordinators
• Customer Advocates
• Street Teams
• General Promotions
• Goodwill Ambassador
• Product Ambassador

I worked in a similar role and did not receive overtime and/or any additional wages for my “off-the-clock” work. What can I do?

Under the FLSA, non-exempt employees are entitled to additional hourly pay for every hour worked above forty during the workweek. 29 U.S.C. § 207.

If you are a current or former brand advocate who did not receive overtime pay, contact Berger Montague You may be able to file a lawsuit for your unpaid wages.

Do I have to pay to consult with an attorney?

We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.

Please contact us to discuss the details of your case. You may:

1. Use the contact form on this page
2. Email info@bm.net
3. Call 800-419-6044

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Wilmington, Del., and Washington, D.C.