Microsoft Overtime Lawsuit Filed By Former Store Manager

A Microsoft overtime lawsuit has been filed against the technology company by a former employee claiming she was denied overtime wages.

Plaintiff Jennifer S. accuses Microsoft Corporation of misclassifying her as an exempt employee, denying her overtime wages, and other wage and hour violations. Jennifer’s Microsoft overtime lawsuit is one of many wage and hour lawsuits filed in the state of California.

Jennifer says she worked as an assistant store manager in California from 2012 to 2015 and a store manager from 2015 to 2017. As a store manager, she allegedly worked 50 to 75 hours per week.

Jennifer alleges that Microsoft classified her as an overtime-exempt employee but required her to perform non-exempt duties for most of her work time. She argues that this work made her entitled to meal and rest breaks and overtime pay.

California law requires employers to pay overtime at a rate of one and a half times an employee’s regular rate for hours beyond eight in a single day or 40 in a single week. Eligibility for overtime is determined by a series of exemption requirements based on job duty and responsibilities.

The Microsoft overtime lawsuit claims that Jennifer was not allowed to take her required meal breaks after the five and 10-hour intervals in her shift. On days she was unable to take a meal break, she alleges that she was not paid a premium meal break payment.

California Wage and Hour Laws

Meal and rest breaks are required in California based on hours worked. After four hours worked, a 10-minute break is required. After five hours, a 30-minute break is required. A second 30-minute break is required after 10 hours of work. For each workday that a meal break was missed, employees are entitled to one additional hour of pay at their regular rate.

Jennifer further alleges that by omitting overtime pay and meal breaks, Microsoft issued inaccurate wage statements. The statements she received did not include overtime pay nor did they include rest break premium payments.

As a store manager for Microsoft, Jennifer was eligible to receive a quarterly bonus based on her store’s sales performance and productivity. By misclassifying her as exempt, Microsoft deprived her of the higher overtime rate which should have included her bonuses with her regular rate of pay.

Jennifer accuses Microsoft of failure to pay overtime, failure to provide meal breaks, failure to authorize and permit rest breaks, failure to pay wages due at separation of employment, failure to issue accurate itemized wage statements, and unfair business practices. Microsoft has issued a response to the complaint denying each of the allegations.

She seeks a trial by jury, award of her unpaid overtime wages, award for wages from missed meal periods, an award for inaccurately itemized wage statements, restitution, attorney’s fees, and court costs.

The Microsoft Wage & Hour Lawsuit is Case No. 3:18-cv-01040-LB in the U.S. District Court for the Northern District of California. The case was originally filed as Case No. CIV1800155 in the Supreme Court of the State of California for the County of Marin.

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