IBM Lawsuit Filed Over Federal Labor Law Violations

A Florida resident recently filed a lawsuit against International Business Machines Corporation, or IBM, over alleged federal labor law violations.

The plaintiff, Charley R., filed his employment class action lawsuit against International Business Machines Corporation—the tech giant more commonly known simply as IBM. According to the complaint, IBM had committed certain federal labor law violations against him during his employment with the company.

Charley R. worked for IBM as sales transaction support. His IBM class action lawsuit proposes a Class that would include all other IBM employees similarly situated; that is, those who also worked as sales transaction support personal for IBM within a period of the last three years.

The IBM lawsuit alleges that these employees were regularly subjected to a number of federal labor law violations by IBM.

According to Charley, he and other sales transaction support employees sometimes worked over forty hours in a given work week. Under federal labor laws, Charley argues, he and these employees would therefore be entitled to overtime hour rates of time and a half their normal hourly rate. However, they were not paid this overtime wage.

While IBM classified Charley and other sales transaction support employees as exempt, the IBm lawsuit argues that they were actually non-exempt because they were not given managerial, administrative, or professional duties.

The complaint alleges that IBM also failed to keep an accurate record of Charley’s and other employees’ working hours.

The federal labor law violations lawsuit was filed on May 11, 2017. There is a three-year statute of limitations on Fair Labor Standards Act (FLSA) lawsuits like this one, so plaintiffs are working under a time constraint.

IBM employees qualified to join in this class action lawsuit are “all sales transaction support personnel whom Defendant failed to compensate for all of the overtime hours that they worked from March 2014 to the present.”

Filing an Employee Misclassification Lawsuit

A number of workers that are classified as exempt from overtime may actually be more accurately classified as nonexempt, and therefore eligible for benefits like overtime pay.

If you work or have worked as a sales transaction support employee for IBM sometime in the last three years, you may be misclassified as an exempt employee rather than nonexempt, which may mean that the company has committed federal labor law violations that have denied you proper overtime pay.

Joining an employee misclassification lawsuit can result in substantial back pay from your employer for the hours you worked overtime while incorrectly classified as exempt from overtime pay.

The Federal Labor Law Violations Lawsuit is Rader v. IBM, Case No. 5:17-cv-00209-JSM-PRL, in the U.S. District Court for the Middle District of Florida, Ocala Division.

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