Fitz Barringer Reviews Case in NC Lawyers WeeklyPDF
In a recent North Carolina Lawyers Weekly article, Robinson Bradshaw attorney Fitz Barringer weighed in on a federal court decision regarding the Fair Labor Standards Act. The case involved technicians who sued DirecTV over alleged failure to pay minimum wage and overtime compensation under the FLSA. A central question in the suit was whether DirecTV qualified for an FLSA exemption for retail or service establishments. Barringer noted that “the courts have been clear that an industry alone can’t define what constitutes retail sales.”
Barringer also noted that DirecTV “didn’t provide evidence about the nature of the sales on the local level with respect to [the plaintiffs] and the establishment where they worked” for purposes of qualifying for the FLSA exemption. “The [FLSA] looks at the local establishment … wherever the particular plaintiffs were working, that’s what the court would focus on,” Barringer said.
To read “No overtime: DirecTV not ‘retail or service establishment,’” please visit NCLW.