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EDS Overtime Class Action For “Technical Support” Employees Transferred From Georgia To New York
Azar v. Electronic Data Systems Corp.
Southern District of New York, Case No. 1:09-cv-4005, assigned to Hon. Richard J. Sullivan
Agreeing that the case should be re-assigned to New York, where 2 other related cases are currently pending, the Court in the Northern District of Georgia transferred this case to the Southern District of New York, to be handled alongside the other 2 currently pending cases.
Morgan & Morgan filed this class action to recover unpaid overtime for all current and former EDS salaried technical support employees who were misclassified by EDS as exempt during any period after October 2005, who worked in the State of Georgia and throughout the United States. “Technical Support” employees are those whose primary duties were or are to install, maintain, and/or support computer software and/or hardware for EDS or its clients. The Fair Labor Standards Act (FLSA) requires covered employers to pay employees performing this type of work a premium of 1.5 times their regular rate of pay for hours worked in excess of 40 in a workweek. We contend that EDS improperly classified technical support workers as “exempt” from this requirement and in doing so denied employees their overtime pay in violation of the FLSA.
If you believe you are a “Technical Support” employee who was wrongfully denied overtime pay by EDS within the last 3-4 years, you may qualify to join this class action. For a free consultation regarding your rights, contact Overtime Attorney Andrew Frisch at 1-888-OVERTIME or http://www.overtimeadvocate.com/2.html today.
You can also join the case and submit a claim, by completing a “CONSENT TO JOIN” form, then faxing to (954) 333-3515. You are entitled to consult with an attorney of your choice.