A group of sales workers at NutriSystem Inc. has failed to convince a federal appeals court to revive their lawsuit for overtime pay despite winning the support of the U.S. Department of Labor.

In Parker v. NutriSystem Inc., the 3rd U.S. Circuit Court of Appeals voted 2-1 to uphold a lower court’s ruling that the company’s pay scheme qualifies for the “retail commission exception” in the Fair Labor Standards Act.

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