It is important for all employers, before deciding to classify a group of their employees as exempt from overtime payment, to make sure that the job description of those employees fits the description provided by the FLSA of job types which may be exempt. Agilysys, a leading developer and marketer of proprietary enterprise software services and solutions might pay the price for that mistake in a court battle with six former employees.
The named plaintiff, Terrell Jones, lives in California and, from June 2007 to January 2012 he did work for Agilysys in California as an Installation Specialist. Because the company is nationwide and Mr. Jones has reason to believe that the employment practices alleged in his Complaint are a company-wide policy, applied throughout the country, he is seeking certification of a California Class as well as a Nationwide Class of anyone who works or had worked as an Installation Specialist for Agilysys in the past three years (four years for the Nationwide Class). Mr. Jones believes that the class has the potential to consist of hundreds of current and former Agilysys employees.
Agilysys allegedly knowingly and willfully misclassifies its Installation Specialists as salaried exempt employees when, in fact, Mr. Jones alleges that there is nothing in the job description of an Installation Specialist to warrant overtime exemption. To determine the validity of Mr. Jones’s allegation, let’s take another look at the requirements for overtime exemption: the job must be of an “administrative”, “executive”, or “professional” role. The job of Installation Specialist is to perform onsite installation of Agilysys software and hardware for clients of Agilysys and cannot therefore be considered administrative or executive because it does not involve managing other employees and it does not consist of office-work. It might fit under the “professional” description, if it can be considered a duty which has to do directly with the products and services offered by the company. The court will no doubt take the matter under consideration before making a decision.
The Complaint also alleges that Agilysys regularly fails to provide its Installation Specialists with the requisite 30-minute, uninterrupted meal break for every five hours of work, or with 10-minute, uninterrupted rest periods for every four hours of work. The Complaint further alleges that the Installation Specialists were not paid an hour of their normal wages for each day that a meal break was missed or interrupted, nor were they paid an hour of their normal wages for each day that a rest period was missed or interrupted.
Compounding the issue is the fact that Agilysys allegedly failed to provide its Installation Specialists with accurate, itemized pay stubs, making it difficult for the plaintiffs to determine exactly how much they are owed in overtime wages.
Mr. Jones also alleges that he and other Installation Specialists, in addition to regularly being required to work more than eight hours a day and more than forty hours a week, sometimes worked twelve hour days and seven consecutive days without being compensated double their normal hourly wages for those overtime hours as provided for by law.
Additionally, Agilysys allegedly failed to pay all due wages to Installation Specialists whose employment with them ended. As it has been more than thirty days since the employment of certain class members ended with Agilysys, according to California employment law, those class members are each entitled to thirty days worth of wages.
Further, Mr. Jones also alleges that he, and other Installation Specialists, were never reimbursed for business-related expenses such as travel costs, meals, and credit card charges. By law, these expenses should be the burden of the employer, rather than the employee.
Aside from the alleged injustice to the employees incurred by these alleged violations, the Complaint also points out that if true they constitute unfair, deceptive, and fraudulent business practices. They allegedly give Agilysys a financial upper hand over their competitors who pay all of their employees in full. It also means that Agilysys is avoiding paying for all of their relevant state and federal employment taxes.
The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases such as overtime, meal breaks, vacation pay, and tips. Our offices are conveniently located near Oak Brook and Chicago, Illinois. If you live in Illinois and have a wage and hour dispute, contact a Rockford overtime attorney today at 312-869-4095 or fill out our online form.