Evan Nordgren, a former quality assurance employee for Epic Systems, is now attending UW Law School. Whether or not his classes at UW had any effect on Nordgren’s decision to sue his former employer is not clear. What is clear is the fact that Nordren alleges that Epic Systems violated state and federal law by making Nordgren and other assurance employees work more than 40 hours a week without the proper overtime compensation.
Because many employees are unaware of the rights afforded them under the federal Fair Labor Standards Act, employers too often take advantage of their workers without facing any kind of penalty for it. Fortunately, one does not have to go to law school to learn about their rights as an employee. Instead, one can simply contact a knowledgeable employment attorney.
Although the precise amount of damages that the lawsuit is seeking is uncertain, the proposed class could potentially consist of as many as 1,000 current and former assurance workers. Anyone who worked as an assurance employee for Epic Systems anytime in the past three years and worked overtime without the proper overtime compensation would be eligible to join the class.
Under the federal Fair Labor Standards Act, employers are obligated to pay all of their employees one and one-half times their normal hourly rate for all of the time that they work in excess of eight hours a day or forty hours a week, unless they are paid a salary and fall under one of three exemptions. Those exemptions include: 1) administrative assistant – an employee who provides administrative assistance directly to an executive; 2) executive – an employee whose main job consists of managing other employees who report directly to her; and 3) professional – an employee whose job requires a particular set of skills or education level to complete.
William Parsons, the attorney representing Nordgren and the proposed class of assurance employees, asserts that assurance employees do not fulfill the requirements for any of the three exemptions.
Epic Systems has released a statement saying that the company believes that it provides “good, professional jobs to very talented people, and we value their contribution to improving health care. State and federal law make it clear that employees in computer-related jobs who primarily test software are appropriately classified as salaried professionals. This is precisely the role our quality assurance team performs.”
Whether or not Epic Systems acted in accordance with the law by requiring its assurance employees to work overtime without the proper overtime compensation will be determined by the courts.
In addition to certification of the class with Nordgren named as class representative, the lawsuit is also seeking an order finding that the overtime payment violations were willful, along with a judgment for unpaid back wages for the quality assurance workers, in addition to the other damages and attorneys’ fees. That an employer knowingly and intentionally violated applicable labor law is a very serious allegation. In some courts, proof that the employer knew that they were acting in violation of the law and deliberately participated in illegal employment practices can lead to much higher penalties from the court.
The Chicago overtime and class action lawyers at the Chicago Overtime Law Center are investigating potential unpaid overtime claims against large corporations, franchisors and manufacturing companies for failure to pay for work breaks and all work hours including for showering and changing if required by the employer or work conditions. We are also investigating claims for non-management employees for misclassifying employees as managers, erasing or altering time sheets or time records, failing to pay for breaks, pressuring workers not to report or record overtime, and otherwise 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 Illinois overtime and class action attorneys 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 Schaumburg and Rolling Meadows. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Kane and Cook Counties.
Our Joliet, North Chicago, and Waukegan 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 class action attorneys by phone at (312) 869-4095 or through our online form.