Judge Dlott heard oral arguments on October 16 on the motion to certify a class of Junior (non-commissioned) LAEs in Ohio. The court focused on whether the LAEs’ jobs are similar enough that their overtime claims can be litigated as a class, instead of individually. The central issue in any overtime litigation will be TQLs’ decision to classify its sales employees as exempt.
We pointed to the many similarities which result from the lengthy training period and extensive rules and procedures that LAEs must follow. TQL claims that Junior LAEs have very different duties depending on the day and how quickly they progress during the training period. Whatever the mix, however, these duties are the same for all Junior LAEs.
We hope to see a ruling in the next few months. If our motion is successful all LAETs and Junior LAEs in Ohio will be able to make overtime claims in this case.