Agilysys Settles Overtime Class Action Lawsuit for $1.47 Million

Agilysys Settles Overtime Class Action Lawsuit for$1.47 Million

By Dominic Rivera

A second settlement in the amount of $1.47 million for a California overtime lawsuit is now awaiting the approval of a US district judge. The lawsuit alleged that Installation Specialists (IS) of the software company Agilysys were misclassified and denied their overtime pay and premium wages in violation of the Fair Labor Standards Act.

Both parties reached a settlement in June this year amounting to $1.5 million. US District Judge Saundra Brown, however, had to reject the settlement after finding the California class too small to be certified.

“Agilysys touts itself to be a leading developer and marketer of proprietary enterprise software, service and solutions to the hospitality and retail industries. Agilysys serves casinos, resorts, resorts, hotels, foodservice venues, stadiums, cruise lines, grocery stores, convenient stores, general and specialty retail businesses and partners,” the lawsuit states, showing the multinational size of the company.

The company allegedly refused to pay its misclassified IS across the country as exempt from overtime, and refused to pay them overtime compensation and premium wages, in violation of applicable federal and state laws.

According to the lawsuit, the plaintiffs are “former Agilysys IS with the primary duty of performing onsite installation of Agilysys software and hardware for clients of Agilysys, who were misclassified as exempt from the overtime provisions of the FLSA and/or the applicable state wage and hour laws of California, Nevada, Florida, Texas, Colorado and North Carolina.”

The lawsuit contends that installation specialists had the same jobs regardless of where they work. They were also expected to work overtime and often prohibited from taking 30-minute meal breaks. It was also alleged that IS worked for more than 12 hours per day for more than seven consecutive days without the benefit of overtime pay.

Top Class Actions reported about this case last year here: http://tpcl.as/1aPFUOw where IS alleged in the employment and labor class action lawsuit that Agilysys violated the federal Fair Labor Standards Act (FLSA) in numerous ways, including:

• failing to pay all overtime wages in violation of state and federal law;
• failing to pay premium wages for missed meal and rest periods;
• failing to timely pay wages upon termination;
• failing to provide accurate itemized wage statements;
• failing to reimburse business expenses; and
• violation of the Unfair Competition Law.

The case is Terrell Jones, et al. v. Agilysys, Inc., et al., Case No. 12-cv-3516, U.S. District Court, Northern District of California.

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