In a recently filed lawsuit, it is alleged that Academic Advisors for a test preparation company whose principal job duty is to sell tutoring programs are being misclassified as salary-exempt employees under the Outside Sales exemption. Academic Advisors allegedly spend a majority, if not all, of their time working from their home office making sales by telephone and internet. According to the complaint, Academic Advisers do not fall within the Outside Sales exemption based on the factors that determine if an outside sales representative is exempt from overtime
The lawsuit is brought against Revolution Prep, LLC, a company that offers test preparation courses nationwide. The complaint was commenced on January 22, 2018, as a wage and hour lawsuit over alleged unpaid overtime wages asking for relief and damages under the Fair Labor Standards Act (FLSA), New York Labor Law, N.Y. Labor Law §§ 650 et seq. and 190, et seq. and 12 NYCRR § 142-2.2, et seq. (collectively the “NYLL”).
The FLSA complaint alleges that as Academic Advisors, Plaintiff and the putative collective and class members were required to regularly work over forty (40) hours a week and they performed job duties that do not fall within any exemptions under the FLSA and NYLL, but Revolution Prep improperly classified them as Outside Sales employee exempt and simply paid them a fixed salary regardless of how many hours they worked per week.
The complaint is asking for a jury trial. The complaint is seeking FLSA collective action and NYLL class action for all the Academic Advisors and asks for Revolution Prep to pay Academic Advisors their alleged unpaid overtime wages, as well as liquidated damages, attorneys’ fees and costs, and any other FLSA damages..
This was filed in the United States District Court for the Eastern District of New York, as Case No. 1:18-cv-00436-WFK-PK. The Plaintiff is being represented by JTB Law Group, LLC.
If you worked as an Academic Advisor at Revolution Prep, LLC, or otherwise have knowledge or interest regarding the overtime claims at issue in the lawsuit, please contact the JTB Law Group at (877) 561-0000.