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Overtime Pay Violations Range Widely in Type and Scope

California is fertile ground these days for illustrating the wide range of employer actions or omissions that can lead to claims by employees that they were unlawfully denied overtime payments. The following lawsuits serve to demonstrate that.

Many employees for Franklin American Mortgage work as mortgage underwriters. One such employee claims that the company engaged in misclassification of its underwriters by incorrectly classifying them as exempt workers and thus not eligible for overtime pay under the provisions of the Fair Labor Standards Act and state overtime law. The worker brought suit recently in the U.S. District Court for the Northern District of California, noting that the company has again reclassified its workers and begun to pay them required overtime payments. The employee is seeking to recover the overtime wages she claims that she and other like workers were denied during the period of improper classification.

Several other claims were also filed as class action lawsuits last month in other federal courts in California. They allege these violations of the state's overtime laws:

  • Raytheon -- Alleged by workers to have not instituted a timekeeping mechanism sufficiently accurate to track and properly pay employees for their actual hours worked
  • Enterprise Rent-A-Car - Claimed to have not paid management assistants and trainees for their actual hours worked and for their time spent in training
  • Ecolab - Alleged failure to pay maintenance employees for work done in special capacities beyond their normal work scope and while carrying specific managerial titles

Wage and hour disputes can involve overtime issues, misclassification, disputes regarding benefits, salary, commissions and other wide-ranging matters. An experienced employment law attorney with a proven and sustained record of client success in these matters can provide more information.

Related Resource: www.lawyersandsettlements.com "California Overtime Pay Law Outlaws" December 7, 2010

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