Class Action Lawsuit Alleges Cogent Communications Failed To Pay Overtime Pay to Account Managers – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on July 25, 2013

call centerBlumenthal, Nordrehaug & Bhowmik class action lawsuit against Cogent Communications, Inc. continues.  Filed on behalf of Christopher Valverde and other similarly situated current and former Account Managers, the class action lawsuit alleges that Cogent failed to pay Valverde and other Account Managers overtime wages by misclassifying them as exempt executives.  The lawsuit Valverde v. Cogent Communications, Inc., Case No. 113CV239322, is currently pending in the Santa Clara County Superior Court for the State of California.

Under the Fair Labor Standards Act (FLSA) and the California Labor Law, a worker qualifies as an exempt executive if the worker’s primary duties include:

  1. managing a department or the company,
  2. directing the work of at least two other employees, and
  3. having the power to or strongly recommend that that an employee be hired or fired.

The exempt executive also needs to be paid at least $455 per week.

“Most Account Managers do not come close to meeting these qualifications,” said Norman Blumenthal, founding partner of Blumenthal, Nordrehaug & Bhowmik, a Los Angeles employment law firm.  “As such, when Account Managers are classified as exempt executives they are denied overtime pay as required by the FLSA and the California Labor Law.”  Under the FLSA and the California Labor Law employees who are non-exempt and work more than 8 hours a day or 40 hours per work week qualify to be paid overtime pay at 1.5 times their regular work week.

One of the world's largest Internet Service Providers, Cogent serves 180 markets in 36 countries.

If you are an Account Manager/Executive working for Cogent or any company and are not being paid overtime, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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