a common example of misclassification involves an employee who is a salaried manager with few management duties
(PRWEB) February 13, 2013
On January 11, 2013, the San Francisco labor lawyers of Blumenthal, Nordrehaug & Bhowmik filed a class action on behalf of Christopher Valverde and other similarly situated current and former Account Managers, against Cogent Communications, Inc. ("Cogent") for failing to pay them and other Account Managers overtime wages. Valverde v. Cogent Communications, Inc., Case No. 113CV239322 is currently pending in the Santa Clara County Superior Court for the State of California. You may view a copy of the most recent Complaint here.
The lawsuit claims that under the California overtime pay laws, Cogent was required to pay its Account Managers overtime wages for time worked in excess of eight hours in a workday and hours worked in excess of forty hours in any workweek. The lawsuit claims that the Account Managers working for Cogent were managers in name only and that these employees did not meet any of the exemptions to overtime pay in California. As a result, the lawsuit alleges that these employees should have been paid for all the overtime hours they worked for Cogent.
Norman Blumenthal, the founding partner of the firm representing the Account Managers, stated,"a common example of misclassification involves an employee who is a salaried manager with few management duties. Employers do this in order to avoid payment of overtime. Another example is a worker classified as an independent contractor, but most aspects of their employment is controlled by the employer in some way."
The San Francisco labor attorneys at Blumenthal, Nordrehaug & Bhowmik represent California employees in various actions including class actions for unpaid overtime, unpaid business expenses, and missed meal and rest breaks. If you would like free California labor law advice, call one of their experienced attorneys today at (415) 935-3957.