Fighting for Fair Pay

Food & Beverage Account Managers

Unpaid Overtime in the Food & Beverage Distribution Industry

Many food and beverage companies employ workers such as Direct Store Delivery (DSD) representatives, sales reps, account managers, and merchandisers to ensure their products are properly displayed and stocked on store shelves. These positions often require long hours, and workers may be classified as exempt from overtime pay under the Fair Labor Standards Act (FLSA). However, many workers in these roles may be misclassified and legally entitled to overtime pay.

 

Job Titles and Duties Commonly Affected by Overtime Violations

 

Direct Store Delivery (DSD) Reps / Sales Reps / Territory Managers

DSD reps, sales reps, and territory managers are responsible for ensuring that a supplier’s product is available on store shelves and properly displayed.

Their tasks may include:

  • Policing store shelves and displays to ensure proper placement
  • Ordering additional product or ensuring stock is available for promotions
  • Merchandising product onto shelves and maintaining displays
  • Confirming that promotional displays are set up correctly

Despite these duties, many of these workers do not actually “sell” products in a way that qualifies them for the “Outside Sales Exemption” under the FLSA. This misclassification could entitle them to overtime pay for hours worked beyond 40 in a week, even if they are salaried.

Account Managers

Account managers in the food and beverage industry often manage inventory, ensure products are in the correct locations, and may even order products or coordinate promotions. While some account managers are paid on salary, commission, or bonus, they may not be properly compensated for overtime hours. Like DSD reps and sales reps, account managers are often misclassified under the “Outside Sales Exemption,” even though their primary role involves inventory management, not sales.

Merchandisers

Merchandisers are typically responsible for physically stocking shelves, maintaining displays, rotating products, and ensuring proper inventory levels in stores. They are often paid by the hour but may not receive payment for all the hours worked.

For example, unpaid work may include:

  • Pre-shift tasks like logging into systems
  • Post-shift tasks such as finishing displays or handling leftover product
  • Uncompensated travel expenses between stores

In addition, overtime violations may occur if bonuses are not factored into the overtime pay calculation.

Are You Entitled to Overtime Pay?

 Many workers in these roles work 50, 60, or even 80 hours a week but do not receive the overtime pay they are entitled to under the FLSA. Misclassifications under the “Outside Sales Exemption” are common, and employers may fail to compensate hourly workers for all hours worked.

If you work as a DSD rep, account manager, sales rep, merchandiser, or similar role, and believe you are owed overtime or unpaid wages, you may have a claim.

Contact Getman, Sweeney & Dunn to discuss your case.

Our consultations are free, confidential, and come with no obligation.

Contact Us Today

To find out if you are owed unpaid overtime wages, fill out the Industry Inquiry Form or call us at 845-255-9370. We’ll help you determine whether you are owed additional compensation for the hours you’ve worked.

If you work in this industry and would like to speak with us about whether you were paid all wages you were owed, please send us the information needed by filling out the Industry Inquiry form.

Industry Inquiry

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