Despite the numerous warnings against companies misclassifying employees, it is still an occurrence which, unfortunately, continues to happen all too often. Most recently, a class action lawsuit was filed against Hewlett-Packard Company (HP) for misclassifying its technical support workers as exempt. As a result, these employees were not properly paid for the overtime hours they worked. HP employs thousands of technical support workers nationwide, many of whom worked at smaller companies, such as Autonomy, Palm, Electronic Data Systems, 3Com, and 3PAR, all of which were companies that were acquired by HP.
The Federal Labor Standards Act provides that employees may be considered exempt from overtime if they have a salary of $23,600 and their work is of a “professional”, “administrative”, or “executive” character. In order to fit into the “professional” category, the employee must have specialized education or skills (such as a doctor or lawyer). For the “administrative” category, an employee would do office work related to general business operations. For the “executive” category, an employee must have a managerial role and have a part in hiring and overseeing other workers. An employee who does not fit into any of these categories cannot legally be classified as exempt from overtime pay.
HP’s technical support employees work under a variety of titles. These titles include Technical Solutions Consultants, Technical Solutions Representatives, Technical Support Engineers, and Senior Technical Support Engineers, as well as others responsible for installing, maintaining, and/or supporting computer software and hardware.
The attorneys at the Chicago Overtime Law Center are investigating unpaid overtime claims against large corporations such as Hewlett-Packard for misclassifying employees as managers, failing to pay workers for overtime and other wages. If you are the victim this practice call us at (312) 869-4095 or contact us online.
The lawyers at the Chicago Overtime Law Center have decades of experience fighting for wage earner’s rights. We have a team of overtime attorneys who focus on nationwide class action lawsuits and work out of Chicago and Oak Brook offices and prosecute claims for workers all over the Chicago area including Wheaton and Naperville. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Kane and Cook Counties.
Our Wood Dale and Rosemont overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago wage and hour attorney by phone at (312) 869-4095 or through our online form.