Driver Fired After Filing Suit For Overtime Pay

A New Orleans truck driver sued his former employer, Intelligent Mexican Marketing (IMM) for overtime and backlogged minimum wage pay and lost, not only the suit– but his job.

IMM sells and delivers Hispanic products like Barcel, Ricolino, La Fina, Chupa Chups, Coca-Cola Mexico, STI phone cards and  Dulces Vero.

Florentino Meza began working for IMM in June 2010 and claims his employer failed to pay him what he was owed.

On July 13, 2011, Meza filed a lawsuit against IMM and its owners, stating he was owed $15,224 in unpaid overtime $2,080 in unpaid back wages.

Shortly after filing suit, Meza was fired from IMM.

IMM claimed they did not owe Meza back pay because he was classified as an outside salesman, as well as a delivery driver.

Meza appealed, saying that he was not in a position to act as a salesman.

Three circuit judges disagreed and sided with IMM.   Circuit Judges Harold R. DeMoss, R. Markley Dennis and Edward C. Prado stated that “for purposes of the FLSA, Meza was more similar to an outside salesman than to a deliveryman.”