|[February 13, 2014]
Federal Court Conditionally Certifies Collective Action in HP Technical Workers Overtime Pay Lawsuit
SAN FRANCISCO --(Business Wire)--
Kelly M. Dermody, chair of the employment law practice group at the
national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP,
announced that U.S. District Court Judge Lucy H. Koh today granted
plaintiffs' motion for conditional certification of a Fair Labor
Standards Act ("FLSA") overtime action against their employer
Hewlett-Packard (News - Alert) Company ("HP").
The class action lawsuit charges that HP has a common practice of
misclassifying 9,800 Technical Solutions Consultants I- III, Field
Technical Support Consultants I-III, and Technology Consultants I-III as
exempt from overtime, thereby failing to pay them for all hours worked
in violation of the FLSA and state overtime pay laws.
In granting collective action certification, Judge Koh stated:
[T]he Court holds that Plaintifs have shown that the putative class
members were the victims of a single decision, policy, or plan. This
requirement is met upon a showing that Plaintiffs were subject to the
same uniform classification of exempt status under FLSA. Here, HP's Job
Architecture policy uniformly categorizes all putative class members as
exempt from the overtime pay requirements of FLSA. (internal citations
"We are pleased that the Court has granted conditional certification and
directed that notice be sent to class members advising them of their
rights and how to participate in the action," stated Dermody.
The collective action consists of all persons who were, are, or will be
employed by HP from January 10, 2010, to the end of the opt-in period as
Technical Solutions Consultant I, II, or III; Field Technical Support
Consultant I, II, or III; or Technology Consultant I, II, or III. Notice
of the collective action will be provided to these workers by mail and
email. For further information on action visit http://www.lieffcabraser.com/Case-Center/HP-Technical-Workers-Overtime-Lawsuit.shtml
The law firm of Outten & Golden also represents Plaintiffs.
[ InfoTech Spotlight's Homepage ]