Food and beverage suppliers often employ account managers to make sure the supplier’s product is on store shelves and in the correction locations. Getman, Sweeney & Dunn believes that many account managers may be entitled to overtime wages because their most important duty is not to “sell” within the meaning of the Fair Labor Standards Act.

The “account manager” (or similar position) is responsible for making sure the store has enough product in the store, order product for the store when supply runs low or if there’s an upcoming promotion, and confirm that any displays are in the correct locations. They may also merchandise or work the product to the store shelves; rotate product; build displays; ensure planogram and display compliance; maintain back-room stock areas; and write up credits.

Account managers may be paid a salary, commissions, or bonuses. And even though the account manager works 50, 60, or 80 hours a week, the supplier doesn’t pay overtime wages. Because these suppliers treat their workers as “outside sales” exempt under the Fair Labor Standards Act, and refuse to pay overtime wages, the suppliers have an incentive to work the employees as much as possible. However, many account managers might be due overtime pay.

If you worked as an account manager or similar position and want to find out if you have a claim for unpaid overtime, contact Getman, Sweeney & Dunn using the form on the right, or call us at 845-255-9370. The calls are free, confidential, and there is no obligation.