Were you a Sales Representative at an AG-Pro location and denied overtime pay?
You may be entitled to compensation for unpaid wages, liquidated damages, and legal fees.
About the Case
Tittle & Perlmuter has filed a federal class action lawsuit against AG-Pro Ohio, LLC, a Georgia-based company that owns and operates retail locations nationwide. The lawsuit alleges that AG-Pro misclassified its sales representatives as exempt from overtime pay—illegally denying them the extra wages they were rightfully owed under the Fair Labor Standards Act (FLSA).
Who’s Included?
This lawsuit covers current and former Sales Representatives at any AG-Pro location nationwide who were:
- Paid a salary or guaranteed base pay plus commissions
- Classified as exempt from overtime pay
- Worked more than 40 hours per week
If you were paid more in base salary than commissions during any workweek and didn’t receive time-and-a-half for overtime hours, you may be eligible to join this case.
What’s the Legal Issue?
Under Section 7(i) of the FLSA, an employee in retail or service must meet both of the following conditions to be exempt from overtime:
- Their regular rate of pay exceeds 1.5x the federal minimum wage
- More than half of their earnings in that week come from commissions
The lawsuit alleges that:
- AG-Pro’s Sales Representatives often worked over 40 hours a week
- Their base pay regularly exceeded commissions, making them non-exempt
- Despite this, AG-Pro uniformly denied overtime compensation
- The company willfully ignored federal overtime laws, violating the FLSA
Legal Claims
The lawsuit includes two primary legal claims:
1. Violation of the FLSA Overtime Provisions
AG-Pro failed to pay overtime wages when required, even though Sales Representatives did not qualify for the retail sales exemption in many weeks.
2. Unjust Enrichment
AG-Pro benefited from unpaid labor by knowingly retaining employees’ overtime work without compensation.
What You Could Receive
If you qualify and choose to opt in, you may be eligible for:
- Back pay for unpaid overtime wages
- An equal amount in liquidated damages
- Coverage of legal fees and costs
Join the Case
If you worked for AG-Pro as a Sales Representative and believe you were denied overtime pay, you may be able to join this collective action. The court may allow similarly situated individuals to join the lawsuit and seek compensation for their unpaid wages.
Over 500 individuals across the country may be impacted by this misclassification. Don’t miss your chance to take action.
Next Steps
Contact us today for a free and confidential case evaluation.
We’ll help determine your eligibility and guide you through the opt-in process.
A court-authorized notice may also be sent to eligible individuals in the near future.
About Tittle & Perlmuter
At Tittle & Perlmuter, we fight for workers’ rights. Our team has a strong record of holding employers accountable and securing fair compensation for hard-working individuals across the country.
Have questions? Ready to explore your options?
Call us at 216-308-1522 or Email us at intake@tittlelawfirm.com
“When a company like AG-Pro bends the rules to boost profits at the expense of their workers, we step in.”
— Scott Perlmuter, Attorney