California Judge Certifies Class of Employees in Oracle Wage and Hour Lawsuit
November 16, 2010
As our Anaheim labor and employment attorneys have previously written in a blog, according to the Fair Labor and Standards Act (FLSA) and California law, employees can be exempt from overtime and minimum wage compensation, with "white collar" exemptions, making administrative, professional, and executive employees exempt, as well as outside sales and some computer employees.
Whether an employee is "exempt" or "non-exempt" is a very important issue in California overtime law, as our Carson employment lawyers covered in a related blog. When an employer erroneously classifies an employee as exempt, the employee is wrongfully denied overtime pay or other wage and hour benefits that are usually available to non-exempt employees--resulting in employee misclassification.
In related news, a California judge in Alameda County recently certified a class of around 3,000 Oracle Corporation employees who accused the company of employee misclassification, by incorrectly classifying them as "exempt" from overtime compensation.
The Oracle employees in the class action lawsuit reportedly are made up of technical analysts, quality assurance analysts or developers, and project managers for Oracle and Peoplesoft, the company Oracle purchased in 2005. The plaintiffs' claim that Oracle violated the California Labor Code by neglecting to pay overtime wages to the employees and failing to give them meal breaks.
Judge Steven Brick reportedly granted the employees' motion to strike the declaration of an expert who sided with Oracle. This is one of four wage and hour lawsuits against Oracle, and this is the first class of Oracle employees to win class action certification.
In Orange County, California, our employment attorneys at Howard Law, PC represent employees in class action wage and hour lawsuits, who have been wrongfully deprived of wages and are seeking recovery. Call today for a free consultation at 1-800-872-5925.
Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit, The Recorder, October 21, 2010
DOL's Fairpay Overtime Initiative, The U.S. Department of Labor (DOL): Wage and Hour Division (WHD)
Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA), The U.S. Department of Labor (DOL): Wage and Hour Division (WHD)
Elaws: Fair Labor Standards Act Advisor, The U.S. Department of Labor (DOL): Wage and Hour Division (WHD)
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