As California’s leading employment law firm representing employees only, we are always pleased to report victories and excellent settlements in favor of California employees. In the case reviewed today, we are especiallyk proud of our co counsel in several class action matters for achieving this victory. Misclassification is a violation of the Federal Fair Labor Standards Act.
In this case 127 employees formed a class and received a settlement of $1,478.19. The plaintiffs were installers of specialized software for a company called Agilysis The company develops software and offers solutions for hospitality and retail industries with a clientele including casinos, hotels, food serve, stdiums and other enterprises.
The plaintiffs alleged that the company denied them overtime by labeling them as “exempt” when in fact they were entitled to overtime and none of the FLSA exceptions applied. The federal court for the northern district of California will review and likely approve the settlement in May of this year.
In most of our class actions, the California Labor Code is relied upon to determine if you, the employee, are properly denied overtime, lunch and work breaks. Generally, if you are a manager spending more than 50% of your time sukpervising and managing others, engaging in administrative or high-level professional work, you are not entitled to these prerequisites. Federal law looks to the “primary” duties you are undertaking; state law is very clear that the percentage of time actually spent, and reasonably expected to do that level of work. Practicing employment discrimination, wrongful termination, federal false claims, retaliation, leave law violations, and the like, we are proud to serve California employees through our ten offices from Santa Rosa, Sacramento, Fresno, Pasadena, Bakersfield, Simi Valley, Los Angeles, Irvine and San Diego.