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Overtime Exemption Allegedly Doesn’t Apply to HR Consultant


Another company in California has allegedly tried to get away with making employees work overtime without the proper compensation. The lead plaintiff (who prefers to use the alias “Trevor”) and his colleagues allegedly discovered that they had been misclassified as exempt from overtime compensation. When hired, he was allegedly told that he was ineligible for overtime compensation because the position was salaried. He was told he might have to work “some weekends” but, once he began working at the company, that allegedly turned into every other weekend. Allegedly, he and his co-workers had to do remote installations so they would be flown to customer locations, put up in a hotel, and made to work 20-hour days. Trevor estimates that, in the first year he worked for that company, he clocked more than 1,000 hours of overtime.

When Trevor checked the California labor laws and discovered that nothing about his job description qualified him for overtime exemption, he confronted his boss who said he would look into it. An HR consultant was brought in who confirmed that the IT employees were not exempt and were therefore entitled to compensation for their overtime hours. However, rather than paying his employees for the overtime hours they worked, the employer devised a system whereby employees would bank the overtime and take a day off every so often to reduce the “bank”. Yet Trevor alleges that he still has not taken a day off.

When Trevor started to dig a little deeper, he found that it was more than just the weekends he should have been paid for. According to California labor law, if a non-exempt employee misses a lunch break or a rest break, the law requires the employer to pay them their regular overtime rate for that missed time. It came as a shock to Trevor to discover that his employer also should have been paying him for the lunch breaks he missed. He also discovered that his employer has had two labor lawsuits filed against him before this, so he must have been aware of the applicable labor laws.

Although the employer has made a settlement offer, Trevor is uncertain whether he and his co-workers should accept it. It provides separate settlements for each employee and releases the employer from any claims.

The employment class action attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases including overtime, meal breaks, vacation pay, and tips in Cook, Lake, Kane, DuPage, Will and McHenry counties. Our offices are conveniently located in Oakbrook Terrace and Chicago, Illinois. If you believe you are not being paid fair wages, contact a Evanston and Schaumburg overtime attorney today at 312-869-4095 or fill out our online form