- Issue: Overtime pay improperly denied
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 federal and state overtime pay laws.
On February 13, 2014, 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 Company ("HP").
In granting collective action certification, Judge Koh stated:
[T]he Court holds that Plaintiffs 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.)
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.
Contact Lieff Cabraser
Current and former HP employees who perform hardware or software installation, maintenance, or support work that wish to submit a complaint, report their work experiences, or learn more about the lawsuit should use the form below to contact an employment lawyer at Lieff Cabraser.
Or you may call us toll-free at 1 800 541-7358 and ask to speak to attorney Marc Pilotin.