California Federal Judge Opens Door For Avon District Managers to Seek Overtime Pay In Lawsuit Filed By San Francisco Labor Lawyers Blumenthal, Nordrehaug & Bhowmik

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The Honorable Judge Beth Labson Freeman certified a class of District Sales Managers allowing these employees to assert claims for payment of back overtime wages on behalf of all District Sales Managers working in California for Avon Beauty Products

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This means that all employees who worked as District Sales Managers in California for Avon since April of 2009 can now seek back overtime wages against Avon

On April 17, 2015, the Honorable Judge Beth Labson Freeman ruled a lawsuit brought on behalf of District Sales Managers working for Avon Beauty Products should be able to proceed as a class action. This means that all employees who worked as District Sales Managers in California for Avon since April of 2009 can now seek back overtime wages against Avon. Case No. 13-CV-02276-BLF is currently pending in the United States District Court for the Northern District of California.

The class action lawsuit was originally filed by the San Francisco Employment Law Lawyers at Blumenthal, Nordrehaug & Bhowmik in April of 2013, alleging that Avon Beauty Products misclassified their District Sales Managers as exempt from overtime pay and as a result, allegedly, did not pay these employees overtime wages, failed to provide the legally mandated meal and rest breaks, and accurate wage statements as required by California law. In the original Complaint, which can be read here, the Plaintiff claimed that she spent the majority of her time as a District Sales manager engaging in the non-exempt promotional work of recruiting persons to become independent contractor sales representatives of Avon and allegedly had no managerial duties over these independent contractors and had allegedly no authority to make sales on Avon's behalf. As a result, the Complaint claimed that District Sales Managers working for Avon in California should have been entitled to overtime pay, among other things.

The court has certified the following class in its Order:
“[A]ll persons employed by [Avon Beauty Products] in California as District Sales Managers from April 8, 2009 to the present." The Judge's Order certifying the class of District Sales Managers can be read here. The Court's opinion cite is Nelson v. Avon Prods., 2015 U.S. Dist. LEXIS 51058 (N.D. Cal. Apr. 17, 2015).

In the coming months, all individuals who part of the class will be notified of their rights. If you work in California and are not being paid overtime wages by your employer call an experienced San Francisco labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (415) 935-3957.

The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work,wrongful termination, discrimination and other California labor laws.

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Nicholas De Blouw
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