Smith Barney Agrees to Pay $98 Million to Settle Overtime Pay Claims

 
Tuesday, June 13, 2006
 
The Smith Barney brokerage unit has agreed to pay $98 million to settle claims on behalf of thousands of current and former brokers that they are allegedly owed overtime pay and other reimbursements.

The proposed settlement is the latest and largest by securities firms that claim brokers are exempt from state and federal overtime laws because they are salaried, administrative employees.

The argument in these cases is that brokers are not salaried but receive incentive-based compensation, such as commissions, that are tied to sales. They also countered the brokerage firms' claims that the Fair Labor Standards Act exempts salespeople from overtime because the exemption applies only to store sales, not trades of securities.
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