"The price of justice is eternal publicity." Arnold Bennett
Overtime Class Action Lawsuit
FORMER AND CURRENT EMPLOYEES OF INTEL
IF YOU WERE A SALARIED GRADE LEVEL 3, 5, 6, 7 ENGINEER OR IT EMPLOYEE CONTACT US IMMEDIATELY!!!
JOIN A CLASS ACTION LAWSUIT TO RECOVER UNPAID OVERTIME YOU WORKED IN CALIFORNIA AT ANY TIME DURING THE PAST 4 YEARS.
This is an announcement for current and former employees of Intel who wish to join a
class action lawsuit to recover unpaid overtime wages. If you worked as an Exempt Salaried (engineer, administrative, etc.), for Intel in California any time during the last four years, it is likely that Intel has wrongfully classified you and unlawfully did not pay you for every hour that you worked overtime during your break periods, lunch hour, beyond 8 hours a day, on weekends, and so on.
You qualify to be a member of this class action suit if, within the past 4 years, if you were an exempt salaried employee and you
worked overtime (over 8 hours on a given day, or over 40 hours a week)
worked 7 days a week in a row on a regular basis
were not paid 1-1/2 times your regular salary or hourly wage for the overtime hours worked under #1 and 2.
If you did not:
supervise two or more employees more than 50% of your total daily average working time
have hire and fire authority
customarily and regularly exercise discretion and independent judgment
(Use of discretion and judgment does not mean the use of skill in your job.
You must be making decisions that affect the company in a broad scale.
For example, do you decide how to price products? Do you decide what products will be produced?)
then you were likely entitled to overtime. This is true even if you were paid a salary, were regarded as management, or acted in the capacity of an engineer.
If Intel supplied the equipment (PC, notebook, printer, cell phone, fax machine, etc.), and had authorized you to access their computer system from home – for any work or duty that you performed from home over your daily 8 hours you would be likely entitled to overtime.
Deliberate misclassification is improper, but so is innocent misclassification. Therefore, "honest mistakes" by the employer is no defense.
If an employer misclassifies a group of its employees through a deliberate and premeditated plan for an indisputable purpose of NOT PAYING THEM THEIR DESERVED AND LAWFUL OVERTIME PAY with a clear knowledge of unlawfulness of the act is like disguising as a friend and stilling people's money or robbing their property! It is that simple and there is no ifs or buts about this!
Employer bears the burden of maintaining the time records. If the records do not exist, then the employee has the right to make up their own records from memory. The only requirement is that the recreated record must be credible. In other words, don’t say you worked 25 hours each day.
Major companies have reached settlements with their employees who were improperly classified in multi-million dollar ranges. Companies know that their exposure is huge and they have no excuse for deliberately and premeditatedly cheating their employees out of legally deserved overtime pay.
State government is a law abiding employer and has always paid overtime to all of its salary employees, including engineers and administrative employees with the exception of managers who fit the description, which is mentioned above.
If you are either a current Intel employee, a former Intel employee within the last three years, or a current Intel employee concerned about being laid off, you need to think about whether you may be entitled to unpaid overtime. Most people do not realize that salaried employees in California are generally entitled to overtime pay at 1 1/2 times their regular rate of pay for all hours over 40 per week, all hours over 8 in any one day (even if you only work one day a week) and all hours on the seventhstraight day of work in a given work week.
If you file a wage claim, it is illegal to retaliate against you by either demotion or termination. Furthermore, you need not have kept a record of your hours. You have a right under California law to re-create your work records to the best of your recollection even years after the fact. The employer bears the burden of proof in an action for unpaid overtime. All employees are presumed by the law to be entitled. The employer must affirmatively prove that you are not entitled.
If you accepted a VSP/ISP or for any other reason signed a release when you were separating from Intel do not be concerned. You cannot waive or give up your right to overtime by signing any contract, any release, or any waiver. Even if you signed a release to obtain severance benefits or any other benefits, such an agreement is unenforceable against you in your decision to seek recovery of unpaid overtime at any time thereafter within the statute of limitations period.
In addition to your unpaid overtime:
You may be entitled to 30 days pay for every day you did not receive your overtime pay. You are entitled to receive interest on your unpaid overtime wages at the legal rate.
Please send your information and questions to: firstname.lastname@example.org
We guarantee to keep your identity and the information you share with us strictly confidential until class action lawsuit is filed!