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Masco Account Representatives Misclassification & Overtime Arbitration

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. 

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Employment Attorneys
  • Eric
    Gibbs
    Eric Gibbs is a founding partner of Girard Gibbs LLP. MORE >
  • Dylan
    Hughes
    Dylan Hughes is a partner at Girard Gibbs and a member of the Employment Law Practice Group, and represents... MORE >
  • Matthew
    George
    Matthew B. George is a partner at Girard Gibbs LLP and a member of the Employment Law Practice Group. MORE >
  • Linh
    Vuong
    Linh Vuong was a spring 2012 extern and post-bar volunteer law clerk for the Honorable Saundra Brown... MORE >
  • Scott
    Grzenczyk
    Scott Grzenczyk is an associate at Girard Gibbs representing employees who have had their rights violated by... MORE >
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