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Abbott Laboratories Sued in Class Action for Alleged Misclassification of Jobs to Avoid Paying Overtime

 

While it is important for employers to understand the qualifications for employees who are exempt from overtime wages in order to avoid misclassifying their employees, it is equally – if not more – important for employees to have the same understanding. Stephen Osifo-Doe worked for Abbott Laboratories Inc. in California as a Business Analyst from July 2009 until April 2012. Upon hire, he and other Business Analysts were allegedly told that the job was a salaried, exempt position. However, Mr. Osifo-Doe has been made aware, and wants to make sure other current and former Business Analysts are aware, that the duties of the job do not fit the qualifications for overtime exemption.

According to the Complaint, Business Analysts perform a finite set of tasks of technical troubleshooting in connection with Abbott’s computer system, performing service and change requests after receiving orders from Abbott’s ticket system, setting up the email and login accounts of new and current employees, participating as a team member in projects that related to network support for new facilities and new computer software, providing general desktop support aid, and conducting limited configuration called “refreshments” of Abbott’s computer network in accordance with Abbott’s established specific procedures and protocols. The Complaint alleges that Business Analysts were assigned tasks and were micromanaged as to what tasks needed to be completed on a daily basis. They were not permitted to use their own discretion or judgment, which is a major qualifier for exempt status.

The Complaint also alleges that Business Analysts were regularly required to work in excess of eight hours a day and more than forty hours a week. Some workdays even lasted more than 12 hours, without any overtime compensation.

In addition to the issue of overtime pay, the Complaint also alleges that Abbott did not provide accurate, itemized pay stubs which reflected all hours worked, net pay, or gross pay.

When an employee’s employment with Abbott Laboratories ended, Abbott allegedly failed to pay the employees their due wages as well as their accrued vacation time. Since it has been more than 30 days since the employment with Abbott of many eligible class members has ceased, each former employee is entitled to 30 days of wages, according to California law.

The class is defined as all current and former Business Analysts who worked for Abbott Laboratories in California during the Class Period (beginning 3 years prior to the filing of the Complaint). The class is seeking certification of the class, an injunction enjoining the defendants from participating in these alleged illegal business practices, an order requiring Abbott Laboratories to calculate and pay all unpaid overtime wages, compensatory damages plus interest, and wages for all terminated employees who have not yet received all wages earned upon termination.


The attorneys at the Chicago Overtime Law Center have decades of experience litigating wage and hour cases including overtime, vacation pay, meal breaks and tips. Our offices are conveniently located in Oak Brook and Chicago, Illinois. If you have a wage and hour dispute, contact a Naperville wage and hour attorney today at 312-869-4095 or fill out our online form.