Former Microsoft Store Manager Files Overtime Lawsuit

by Norman B. Blumenthal on May 2, 2018

blumenthal nordrehaug & bhowmik, california employment law, california employment law attorney, overtime suit, overtime lawsuit, California overtime lawsuit, file overtime lawsuitAn overtime lawsuit was filed by a former store manager against Microsoft. Plaintiff Jennifer S. alleges she was denied overtime wages. In the complaint, the plaintiff claims she was misclassified as an exempt employee in order to avoid payment of overtime wages. In addition, the plaintiff lists other wage and hour violations against the technology company.

According to the suit, Jennifer worked as an assistant store manager at a California Microsoft location from 2012-2015. In 2015 she was promoted to store manager. She worked in this position from 2015 to 2017. In her position as store manager, Jennifer S. worked approximately 50-75 hours per week.

While classifying Jennifer as an overtime-exempt employee, Microsoft allegedly required her to complete non-exempt duties for the majority of her time in the workplace. In addition to being denied overtime pay, Jennifer alleges that she also did not receive meal and rest breaks as required by labor law.

In California, labor law requires that employees provide their employees with overtime payment at a rate of one and a half times their regular rate. The overtime rate is required to be provided for any hours worked over eight in one single day or 40 in one single week. To determine eligibility for overtime, the worker’s job duty and responsibilities must be considered against exemption requirements. Jennifer alleges that she was not allowed to take the required meal breaks after shifts of 5 and 10 hours. On workdays when Jennifer was not able to take a meal break, she claims that the company did not provide her with a premium meal break payment as required by law.

Both meal and rest breaks are required by California law. Eligibility for both is determined by the number of hours worked. When a 5-hour shift is completed, employees are legally entitled to a 30-minute break. A second 30-minute break is required for employees after they complete 10 hours on the job. For any workday on which a meal break is not taken, employees are to be provided with one additional hour of pay at their regular rate of pay.

On top of the other wage and hour violations, the complaint alleges that Microsoft issued inaccurate wage statements. By misclassifying Jennifer as exempt, Microsoft also deprived Jennifer of a higher overtime rate as the bonuses were not considered part of her regular rate of pay when calculating overtime pay rates.

If you are forced to work off the clock or you work overtime without receiving overtime payment, please get in touch with one of the experienced California employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.

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