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TMCNet:  Federal Court Conditionally Certifies Collective Action in HP Technical Workers Overtime Pay Lawsuit

[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 omitted.)

"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.


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