Girard Gibbs LLP represents Masco Retail Cabinet Group Account Representatives who service and merchandise Home Depot and Lowes stores. The complaint alleges that Masco violated federal wage and hour law by misclassifying its Account Representatives as exempt and denying them overtime pay for work performed in excess of forty hours per week.
The Arbitrator certified the case as a collective action and found that Masco's Account Representatives were not properly classified as outside salespersons. In December 2010, the parties had a two week arbitration (similar to a trial) on whether Account Representatives fell within the "administrative exemption" from the FLSA’s overtime requirements.
In August 2011, Girard Gibbs was proven succesful at arbitration, and Masco agreed to pay backpay to their Account Representatives for misclassifying them as exempt employees.