Hosein, who is now at IBM, worked at the Calif.-based company from August 2103 through February 2014 as an account executive. While he was told when hired the position was exempt from over-time pay, the plaintiff alleged he and others performed menial day-to-day sales duties that included reviewing pre-qualified leads assigned territory, host Web-Ex discovery calls and solution demonstrations maintain account records in Salesforce and appointment calendars and deal with customers via email and telephone. Under California law, sales personnel, including account executives, who do not receive more than half their compensation via commission and do not spend more than half their time away from the employer's primary place of business are qualified to receive over-time pay. In asking for certification of the suit as a class action, Hosein is also seeking to permanently enjoin Intacct from violating the law and pay restitution, Intacct is opposing class action certification. It was interesting timing that Intacct announced this week that it was name to The Bay Area News Group’s Top Workplaces for 2014, the fourth straight year it has received that honor.
