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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 02:29 PM   #21
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Re: Anyone see the 60 minutes on work last night?

No....it isn't those guys.
The letter head has a bunch of attorney's names on the top and they offered this website on the letter :

www.overtimepaylawsuitagainstibm.com

I haven't decided whether I'll call them or not.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 03:10 PM   #22
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Re: Anyone see the 60 minutes on work last night?

Quote:
Originally Posted by KB
No....it isn't those guys.
The letter head has a bunch of attorney's names on the top and they offered this website on the letter :

www.overtimepaylawsuitagainstibm.com

I haven't decided whether I'll call them or not.
Both this IBM suit and REWahoo's Allsate suit involve the standard "tell em they are exempt" ploy. It sounds like Laurence's office may have a more interesting case - where exempt employees can't be assigned unpaid, scheduled work in excess of expectations or something. Laurence - let us know what you find out about the basis for the suit.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 03:43 PM   #23
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Re: Anyone see the 60 minutes on work last night?

Nope, you guys were right, I was mistaken, my case was a classic "tell them they are exempt" case as well:

http://www.lieffcabraser.com/cscwagessuit.htm

I was a lowly "Member technical staff B" which actually made my payment higher, according to the equation.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 03:52 PM   #24
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Re: Anyone see the 60 minutes on work last night?

Quote:
Originally Posted by Laurence
This is absolutely illeagal, I can speak from first hand knowledge! *My previous employer made us all exempt and then told us in writing 44 hour work weeks were mandatory. *We did it for two years and then the class action started. *We each got about $5,000 in compensation once the taxes were paid out of it. *Big no-no.

The problem is proving it was truly mandatory. My company was stupid enough to put it in writing, and they are a huge company, which equals fat payoff for the attorneys.
Yep.* My SO was part of class action lawsuit with a large insurance company for this very reason and let's say the payout to my SO and others was huge.*
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 04:13 PM   #25
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Re: Anyone see the 60 minutes on work last night?

In this case the company settled prior to a trial.* The settlement was for $24M with the lawyers getting $6M off the top followed by $490k to the "administrator" for the claims.*

With over 14,000 members of the class action suit it would appear that an average payout would have been around $1,250.* *Of course some would have gotten more and some less due to the various calculations and the original class members each got $10k with one guy getting $20k.*

$24M
-$6.5M
-------
$17.5M Divided by 14000= $1250

Not much to show for all that overtime.*
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 04:17 PM   #26
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Re: Anyone see the 60 minutes on work last night?

Yep, there was a complex formula, and some people in other states got as little as $400, where those who hit all the right categories (salary grade, state, program, etc.) got as much as $10,000. I got 5k and considered myself lucky.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 04:17 PM   #27
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Re: Anyone see the 60 minutes on work last night?

Yeah, class actions are a bonanza for the lawyers but don't generally help the lowly class members. I had a contract with CSC prior to RE. I hope some of that team got a little bonus -- they were pretty good.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 04:24 PM   #28
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Re: Anyone see the 60 minutes on work last night?

The only good thing I can say about CSC is that I had an opportunity to work on everything. I was a lowly windows desktop tech when I got there, I pretended to be a LAN admin at the small company I came from. After I left I had supported thousands of nodes running Windows/Solaris/Irix/Linux with Active Directory and Novell 4.11 for NOS. Big A** enterprise operations where I'm responsible for scores of exchange servers, backup servers moving terabytes of data, etc. Hard to be intimidated by the scale of any operation after that hellish experience.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 04:39 PM   #29
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Re: Anyone see the 60 minutes on work last night?

My husband got way more than 10K for a settlement. Of course we paid through the nose on income taxes.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 04:49 PM   #30
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Re: Anyone see the 60 minutes on work last night?

I do not think it is illegal to tell true exempt people that they expect you to work more than 40 hours..

I was in one of the big accounting firms and we would get memos during tax season on the expected amount of billable hours per week... and it got crazy when the minimum was 80... which meant you worked 90 to 100 as there were non-billable time..

On another one.. my sister was a manager at a pizza place.. the night manager quit and they told my sister she had to work double shifts... she worked 90 hour weeks for 3 months and then told them she was only going to work her shift.. they fired her.. she got no unemployment as they had the right to require her to work the 90 hour week..
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 05:03 PM   #31
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Re: Anyone see the 60 minutes on work last night?

Quote:
Originally Posted by Laurence
No, we were all exempt, the argument was explained to me that while as exempt employees we could be expected to do unpaid overtime to meet needs, they could not mandate unpaid overtime in the way they did. I don't speak legaleze, but I am not confused as to my exempt/non exempt status.* There were very specific requirements to participate in the class action, and you had to be salary grades between x-y, which were all exempt positions.* Hourly employees were excluded from the lawsuit because they were paid for their overtime (and consequently didn't get much of it).
What is at issue is the defn of "salary". A "salary" is a sum paid weekly or less frequently that does not depend on the quanity, quality of output or hours worked. Keeping close track of hours worked for pay purposes defeats the requirement that the employee be salaried.
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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 08:59 PM   #32
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Re: Anyone see the 60 minutes on work last night?

After reading this whole thread so far, all I can say is:

I think this is why someone created an ER forum in the first place!

So hopefully, eventually it won't matter to us what "salary" means!

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Re: Anyone see the 60 minutes on work last night?
Old 07-25-2006, 09:41 PM   #33
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Re: Anyone see the 60 minutes on work last night?

Quote:
Originally Posted by just_hatched
So hopefully, eventually it won't matter to us what "salary" means!
In those terms, as an ER your time is worthless.

Except to you.
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