windingmeup
Junior Member
What is the name of your state? California
I originally posted a question here on this site (about two years back) about being improperly classified as an exempt employee. Over the last few years I have posted many questions and have given many updates.
I don't have any questions this time but I am posting an update for anyone who wants to know how an overtime lawsuit progresses.
What was originally my misclassification has turned into a major class action against my employer involving hundreds and possibly thousands of employees. I was originally only interested in collecting back pay for myself but it turns out there was a good case to make this into a class action suit and thus we started it (I am the class rep).
It turns out my employer approached my lawyers early and wanted to settle quickly for a small group of 50 or so people (about 1 million dollars in back pay). My lawyer said this was because they knew they had no case. My company had already admitted improper classification but did not pay us out correctly (They gave us 33 cents on the dollar of what they should have paid).
However, we have since been able to expand the suit to include more people and a greater time period and thus put more pressure on. The suit was originally for California but new class actions may be launched in several other states. This is progressing into a major suit that could rival the Farmers lawsuit several years back.
I have not been noticeably harassed by my company to date but have been preparing ever since the class action was filed. So far so good. I am told they are watching me carefully though for any little screw-up.
When everything is settled I can post some or all details.
Would any of the senior members want to know the end results and what happened during the negotiation and settlement process? I don't think this will go to trial but unless a miracle happens it should go on for another couple years. We have another meeting in early Dec to discuss settlement but this is probably the 4th meeting of that sort.
Thanks....
I originally posted a question here on this site (about two years back) about being improperly classified as an exempt employee. Over the last few years I have posted many questions and have given many updates.
I don't have any questions this time but I am posting an update for anyone who wants to know how an overtime lawsuit progresses.
What was originally my misclassification has turned into a major class action against my employer involving hundreds and possibly thousands of employees. I was originally only interested in collecting back pay for myself but it turns out there was a good case to make this into a class action suit and thus we started it (I am the class rep).
It turns out my employer approached my lawyers early and wanted to settle quickly for a small group of 50 or so people (about 1 million dollars in back pay). My lawyer said this was because they knew they had no case. My company had already admitted improper classification but did not pay us out correctly (They gave us 33 cents on the dollar of what they should have paid).
However, we have since been able to expand the suit to include more people and a greater time period and thus put more pressure on. The suit was originally for California but new class actions may be launched in several other states. This is progressing into a major suit that could rival the Farmers lawsuit several years back.
I have not been noticeably harassed by my company to date but have been preparing ever since the class action was filed. So far so good. I am told they are watching me carefully though for any little screw-up.
When everything is settled I can post some or all details.
Would any of the senior members want to know the end results and what happened during the negotiation and settlement process? I don't think this will go to trial but unless a miracle happens it should go on for another couple years. We have another meeting in early Dec to discuss settlement but this is probably the 4th meeting of that sort.
Thanks....
