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Labor and Employment

Xerox IT Employees Denied Overtime Compensation May Have Legal Recourse

This Alert Affects:

Current and former Xerox information technology employees in California who worked more than 40 hours a week and were denied overtime pay.

Damages
Employees who file unpaid overtime lawsuits may be able to collect up to three years of unpaid overtime wages, an equal amount in liquidated damages, and attorneys' fees.
Company(ies)
Affiliated Computer Services Inc., a Xerox company
Additional Details
Information technology employees are generally entitled to time-and-a-half wages when working more than 40 hours a week.
Date
In April 2011, a Xerox employee filed an unpaid overtime lawsuit seeking $50 million in damages on behalf of a proposed class of California IT employees who were reclassified as ineligible for overtime wages in 2008.

Xerox IT employees in California who were denied overtime wages after working more than 40 hours a week may have legal recourse. Reportedly, in April 2008, Affiliated Computer Services, a Xerox Company, reclassified certain IT employees, who until this point were receiving overtime wages, as exempt and therefore ineligible to collect overtime pay. A Xerox overtime lawsuit has alleged that the company violated federal and state overtime laws by doing so, and employees who suffered lost wages as a result of this action may have legal recourse to recover financial compensation.

California Xerox Overtime Lawsuit

In April 2011, a Xerox employee filed a lawsuit seeking $50 million in damages on behalf of a potential class of California IT employees who were reclassified as ineligible for overtime pay in 2008. The plaintiff was originally classified as an employee who was eligible for overtime pay, but in April 2008, the company allegedly changed how it classified its employees. The company reportedly refused to reclassify the workers as eligible for overtime pay and failed to properly record all hours worked.

According to the Xerox unpaid overtime lawsuit, the plaintiff and other service technicians could work up to 72 hours per week, with only some of these hours being recorded on time sheets, but were only compensated with a fixed amount which did not include overtime pay. The plaintiff is seeking $128,000 in damages and claims that 500 similarly situated employees are owed $100,000 each. He is also asking that Xerox reclassify its employees a second time.  

The plaintiff in the Xerox overtime lawsuit worked at ACS as a service technician, routinely performing IT services for businesses which outsource their IT departments. 

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