Class Action Lawsuit against Hewlett Packard Seeks Overtime Pay

A class action lawsuit was recently filed in a California federal court alleging that computer manufacturer, Hewlett Packard (“HP”), has a common practice of misclassifying its technical support workers as exempt and failing to pay them for all overtime hours worked in violation of state and federal overtime laws.

HP employs several thousand technical support workers nationwide who are responsible for installing, maintaining, and/or supporting computer software and hardware.

The Fair Labor Standards Act requires employers to pay all non-exempt employees at a rate of not less than one and one-half times the regular rate of pay for any work performed in excess of forty hours in a workweek. Similarly, the California Labor Code requires employers to pay all non-exempt employees overtime pay for all hours worked over forty per week or over eight per day.

Both state and federal laws allow for qualifying employees to be exempt from minimum wage and overtime pay requirements. However, the lawsuit alleges that the HP technical support workers were wrongly classified as exempt and, thus, improperly denied overtime pay.

If you feel you have been the victim of misclassification, please contact Khorrami, LLP for a private consultation.