Phil Law Weblog

A lawsuit seeking class action status has been filed in the U.S. District Court in Massachusetts alleges that the company failed to pay overtime to sales representatives across the country in violation of federal law.

In the lawsuit Marc Barowsky who is a sales representative of IBM says he and many other sales representatives around the country were paid a base salary and commission to sell maintenance plans for IBM computers over the past three years.

The lawsuit alleges that an IBM executive admitted as much last year. According to the complaint, IBM’s vice president of software, Karen Donnally, told Barowsky and other salespeople last June that IBM had “misclassified their position as exempt from overtime and that they were entitled to overtime.” The suit claims Donnally also told workers they needed approval to work overtime and that there was no budget to pay them overtime.

Link

Filed under Class Action, General Law

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