Two Former TASM Employees File California Labor Code Lawsuit

A California labor code lawsuit is being filed against Technology and Supply Management LLC (TASM) with claimants alleging the company regularly denied overtime and did not compensate for any missing wages.

This California labor code lawsuit is being filed jointly by two TASM employees, alleging overtime was denied on a regular basis despite even while working over 40 hours in a single work week. Technology and Supply Management is a defense contractor operating in several states in the United States and overseas locations employing numerous employees.

TASM and one of its supervisors are being named as defendants in this California labor code lawsuit which consists of allegations describing employment misclassification and wrongfully denied overtime.

Overview of California Labor Code Lawsuit

Plaintiffs Van A. and Germain P. are filing this California labor code lawsuit, alleging the company denied them overtime by misclassifying them as exempt employees that were not eligible for overtime wages and other benefits.

Their job titles and duties reportedly contradict this notion, with neither Van nor Germain having any kind of authority over other employees and no managerial nor supervisor duties.

According to the California labor code lawsuit, claimant Van performed his employment duties in California and Arizona as a logistician. He started working for TASM in June 2015 until he was informed by his supervisor that his position would be eliminated on Aug. 28, 2017. Between October 2015 and March 2016, Van worked as a full time employee at a TASM location in California and was forced to relocate to Arizona.

During his employment, Van regularly worked over 40 hours a week and was allegedly denied overtime with no explanation. Van states that TASM gave no information about why he was being denied overtime nor did the company explain the status of his position in regards to overtime eligibility.

California resident Germain claims he had similar experiences during his employment at TASM. According to the California Labor Code lawsuit, Germain began work at TASM as a camera repair technician in February 2016. He worked there until his supervisor informed that his position would also be eliminated on Aug. 28, 2017. He was also forced to work in the company’s Arizona location.

During Germain’s time at the California TASM, Germain says he was given no information regarding his employment status in regards to his eligibility for overtime. Under California labor laws, non-exempt employees are eligible for 1.5 times their hourly pay rate if they work 40 hours or more in a single work week or over eight hours in a single work day.

In addition, non-exempt employees are guaranteed the right to 30 minute meal break every five hours and a ten minute rest period every four hours. During the 30 minute meal break, employees must not perform any occupational duties or the break will be considered void.

If the employee has to work through their break or are not provided a rest period, the employer must add an extra hour of pay to their paycheck. Employers must be careful when classifying employees as exempt or non-exempt, which can be determined by going through a checklist provided by the Department of Labor (DOL) and Fair Labor Standards Act (FLSA).

This is allegedly the case with Van and Germain, who allege TASM misclassified them as exempt from minimum wage benefits.

This California Labor Code lawsuit is Case No. 2:18-cv-01081, in the U.S. District Court of Eastern California.

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