HSBC Bank systematically misclassified employees in order to avoid providing overtime compensation
San Jose, CA (PRWEB) August 09, 2011
A class action lawsuit was filed on July 27, 2011 in San Jose, California, against HSBC Bank by the California employment lawyers at Blumenthal, Nordrehaug & Bhowmik, on behalf of Operations Officers who claim the national bank violated their rights under the California Labor Code. The lawsuit against HSBC Bank for wage & hour violations was filed in Santa Clara Superior Court, entitled Kolla v. HSBC Bank, Case No. 111-CV-205999.
The class action complaint alleges that the national bank unlawfully failed to compensate operations officers for overtime hours worked and illicitly prevented them from viewing complete and accurate wage statements, in violation of state wage and hour laws. The complaint asserts that HSBC Bank intentionally misclassified operations officers as “executive, administrative and professional employees,” making them exempt from overtime compensation. However, the banking employees claim they do not “regularly exercise discretion and independent judgment as to matters of significance,” which is a sole characteristic of executives, and would therefore make the operations officers "non-exempt from overtime pay," according to the complaint.
The HSBC Bank Operations Officer class action lawsuit further alleges that the national bank "systematically failed to provide complete and accurate wage statements" to the banking employees, in violation of California employment laws. In particular, the complaint asserts that HSBC Bank omitted “among other things, the number of hours worked" by the banking employees. According to California Labor Code, employers are required to give all employees itemized wage statements which accurately show gross wages along with the corresponding hourly rates for all time worked, throughout the pay period.
For more information on the lawsuit, visit the HSBC Bank Operations Officer class action website or call (866) 771-7099.
The San Jose employment attorneys at Blumenthal, Nordrehaug & Bhowmik have a statewide practice of representing employees on a contingency basis for violations involving wages and hours, overtime pay, discrimination, harassment, wrongful termination and other types of illegal workplace conduct committed by California companies.