In the first case of its kind against Facebook, Stephan Zouras, LLP has filed a federal lawsuit on behalf of inside sales employees that seek to recover unpaid overtime wages.
Last week we filed a collective and class action lawsuit against Facebook for misclassifying their inside sales employees – known as Client Solutions Managers and Customer Solutions Managers “CSMs” – as “exempt” from overtime. Although Facebook classified these employees as “exempt”, they could not exercise independent judgment on important matters like setting sales prices, determine workload or engage in managerial duties.
Facebook failed to pay CSMs, whose compensation largely comes from commissions they receive on the sale of Facebook’s marketing products, overtime even though it required them to routinely work 40+ hours a week.
The primary duties of Facebook’s CSMs include communicating with advertising customers, implementing marketing plans and selling Facebook marketing services.
Based on our investigation, we believe there was a culture at Facebook where employees were expected to work 40, 50 and even 60 or more hours a week without overtime pay. We also believe there are several hundred Facebook CSMs nationwide who were misclassified by Facebook and are entitled to earned unpaid wages.
The Fair Labor Standards Act (FLSA) requires employers to pay all non-exempt employees at least the federal minimum wage and 1.5 times his or her regular rate of pay for all hours worked over 40 each workweek, unless the employer can prove its employees are properly classified as “exempt” from overtime pay. The law requires the employer to satisfy very specific and strict requirements to deny an employee overtime pay as an exempt professional, executive, administrator, intern or some other recognized exemption.
Inside sales employees are commonly misclassified by their employer. Our firm has represented and helped thousands of inside sales employees recover unpaid overtime wages throughout the United States.
If you work or worked as a CSM for Facebook and have questions about your employee rights, contact us.