A Tuesday complaint alleges that company sales representatives, non-exempt Fair Labor Standards Act (FLSA) employees, were shorted overtime pay by the Quincy Bioscience Holding Company Inc. The Western District of Wisconsin filing claims that the Madison-based company incorrectly calculated the plaintiff and putative classes’ overtime rates by excluding commission payments.
According to Quincy’s website, its products “focus on supporting memory and overall cognitive health.” A disclaimer on the company’s homepage notes that its products have not evaluated by the U.S. Food and Drug Administration.
The plaintiff, a Ridgeway, Wisconsin resident, reportedly worked for Quincy in the past three years. In his role as a sales representative, the plaintiff was allegedly paid an hourly wage, overtime for hours worked in excess of 40 per week, and commission on sales made over the phone.
According to the complaint, sales representatives were eligible to earn commissions and bonuses, calculated using standard formulas that Quincy publicized to its employees. The crux of the complaint is that in calculating overtime pay, the company failed to account for the commissions earned by the plaintiff and fellow sales representatives, therefore depriving them of all overtime wages earned.
The plaintiff seeks to certify both a nationwide class and a Wisconsin class of similarly situated Quincy sales representatives employed by the company within the last three years. The putative class action states two claims for relief, one under the FLSA and the other under analogue Wisconsin law.
For monetary relief, the filing seeks unpaid back wages, liquidated damages and penalties as provided by federal and state law, and an award of attorney’s fees and costs. The plaintiff is represented by Hawks Quindel S.C.
