Get on the path to results today.
Get on the path to results today.
We represent a group of current and former Sales Agents who worked for Total Insurance Brokers since June of 2018. under various job titles including but not limited to Sales Agent and Senior Sales Agent.
The lawsuit claims that Total Insurance Brokers LLC unlawfully failed to pay Sales Agents and Senior Sales Agents overtime for ALL of the hours that they worked.
Sales Agents at Total Insurance Brokers LLC should be classified as inside sales personnel under the Fair Labor Standards Act (29 U.S.C. §216(b) or the "FLSA"). As such, Sales Agents are entitled to overtime compensation for every hour worked over 40 during any given week - including hours spent while working through lunch.
The lawsuit alleges that Total Insurance Brokers LLC violated the law by failing to include ALL hours that Sales Agents worked, including hours Sales Agents spent:
Moreover, the FLSA requires that employers include the value of commissions Sales Agents earned in the calculation of overtime pay.
For Example: if an employee worked 45 hours in a week at $10 per hour and also earned a $500.00 commission that week, the employer cannot simply pay the employee $15 per hour for overtime. The employer needs to add the commission to the Sales Agent's overall compensation to calculate her overtime rate. Meaning that in this example, the Sales Agent should have been paid $31 (appx.) per hour for each overtime hour worked.
This lawsuit alleges that Total Insurance Brokers LLC violated the law by not including the value of Sales Agent's commissions as part of their overtime compensation.
The lawsuit further alleges that even when you did get paid for overtime Total Insurance Brokers underpaid you by refusing to include your commissions earned in the overtime pay. This is a willful violation of the Fair Standards Act.
For each Sales Agent, the lawsuit seeks to recover for all Sales Agents, ALL the unpaid and underpaid overtime wages, plus liquidated damages (double the amount they should have paid you)
The lawsuit seeks to recover overtime wages for all present and formerSALES AGENTS and SENIOR SALES AGENTS for all hours worked over 40 in each and every workweek in the past 3 years.
Eligible employees who join the lawsuit are seeking to recover time and one half the employee's regular rates of pay (which must include the value of all commissions earned). The lawsuit also seeks to recover double the sum of the wages owed to each person as liquidated damages, plus payment of all attorney's fees and costs and expenses.
As part of our continuing investigation into the alleged FLSA wage violations by Total Insurance Brokers and in an effort to gather evidence in support of our clients' position and corroborate facts about its pay practices, we want to speak to as many present and former Sales Agents as possible. We seek to determine if the job duties/requirements are similar, as well as to investigate and determine if the alleged unlawful pay practice at issue here is pervasive and long standing at Total Insurance Brokers.
To be clear, the purpose of this website is NOT to solicit you to opt into and join this collective action lawsuit, (which will seek a class certification) and to claim your wages, or to advertise our firms. Rather, we are contacting you to determine what your experience has been and if it is similar to what our clients say in this pending lawsuit, and to corroborate facts.
"The FLSA also makes it unlawful to retaliate or discriminate against any person or employee who makes a claim for overtime wages, including participating in any class or collective action to recover overtime wages."
Mitchell L. Feldman is the lead attorney in this lawsuit. He has over 25 years of experience, and has represented thousands of inside sales representatives across the country.
Benjamin L. Williams of Williams Law P.A. is also representing the inside sales representatives. He has successfully represented inside sales representatives in collective actions against fortune 50 organizations.
6916 W. Linebaugh Avenue
Tampa, FL 33625
464 Sturdivant Avenue
Atlantic Beach FL 32233
The law, and First Amendment to the United States Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 2d (BNA) 152: January 2013.