Meza v. Intelligent Mexican Marketing, et al., No. 12-10785 (5th Cir. 2013)
Annotate this CasePlaintiff filed suit against his employer, IMM, claiming that he was entitled to minimum-wage and overtime compensation under the Fair Labor Standards Act, (FLSA), 29 U.S.C. 216(b). On appeal, plaintiff challenged the district court's grant of summary judgment in favor of IMM. The record indicated that plaintiff spent the vast majority of his time selling goods or performing work incidental to his sales. The court affirmed the judgment, concluding that plaintiff was more similar to an outside salesman than a deliveryman and, therefore, IMM was excused from paying him the wages that the statute would otherwise mandate.
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