Alameda, California (EastBayDaily) — On July 24, 2014, the San Francisco labor law lawyers at Blumenthal Nordrehaug & Bhowmik filed a class action lawsuit against Fedex Ground Package System, Inc. alleging the company wrongfully classified their "Pick Up & Delivery Coordinators" as exempt from overtime wages. Smith, Jr., et al. vs. Fedex Ground Package System, Inc., Case No. RG14734322 is currently pending in the Alameda County Superior Court for the State of California.
The Class Action Complaint alleges that the Pick Up & Delivery Coordinators engaged in the finite set of tasks of maintaining driver files, contacting drivers for pick up and delivery data, responding to customer complaints, and communicating safety topics to the drivers who were independent contractors. The Complaint alleges that the Pick Up & Delivery Coordinators did not supervise other employees. As a result, the lawsuit alleges that the Pick Up & Delivery Coordinators were misclassified as exempt from overtime pay and should have been paid overtime wages when they worked in excess of eight (8) hours in a workday or more than forty (40) hours in any workweek. The Complaint seeks an unspecified amount of damages relating to back overtime pay and missed meal break penalties.
Under the California Labor Code, all employees are entitled to make overtime pay unless the employer can show that the employee meets all the criteria under one of the California overtime exemptions. If the employer fails to prove the employee meets all the criteria under one of the overtime exemptions, then the employee can argue that they should be paid overtime pay for all overtime hours worked.
The San Francisco employment law attorneys at Blumenthal, Nordrehaug & Bhowmik represent many current and former employees of large companies in unpaid overtime, unpaid commission wages, and unpaid meal break lawsuits. Don’t wait for your statute of limitations to run on your potential claims. Feel free to contact one of their experienced labor lawyers to collect unpaid wages by clicking here or calling (866) 771-7099.