Western Digital: Class Action Litigation
Introduction
In March 2009, The Carter Law Firm and its co-counsel filed a Complaint against WESTERN DIGITAL CORPORATION (a leader in the hard drive industry) on behalf of the named plaintiff and a class of employees comprised of engineering job positions including, but not limited to: Engineer – Data Analysis, Data Management, Firmware, Software Development, Electronic Design and Product Design. This wage and hour class action derives from the alleged misclassification of proposed class members as exempt from overtime pay, resulting in the non-payment of overtime compensation. The Complaint also includes other derivative claims for Western Digital's misclassification of its California based Information Technology (IT) employees.
Plaintiff's Allegations
The plaintiff's allegations included the following:
- The class primarily performed non-exempt repetitive and routine functions for the Defendants;
- Employees were misclassified as exempt and not paid overtime compensation for those work days exceeding eight hours per day and/or forty hours per week;
- Defendants failed to provide accurate itemized wage statements concerning hours worked and meal periods taken;
- Defendants failed to provide proper meal and rest periods; and
- Plaintiff and Plaintiff Class members are entitled to overtime compensation at the rate of time and one-half as well as penalties, fees, and costs for other violations.
Proposed Classes
Plaintiff will seek an order from the court permitting the case against Western Digital to proceed as a class action. The Class that the Plaintiff seeks to represent is defined as follows: California based employees comprised of Engineering job positions including but not limited to: Engineer – Data Analysis, Data Management, Firmware, Software Development, Electronic Design and Product Design.
Contact Class Counsel
If you are/were a current/former employee of Western Digital and have encountered exempt vs. non-exempt employee issues resulting in the non-payment of overtime compensation we wish to learn more about your experiences. Please click here to contact The Carter Law Firm.
Pending Investigations
We are also investigating potential wage and hour and overtime pay violations at the following companies:
- Adobe Systems
- AMD
- Amdahl
- Apple
- Applied Materials
- BEA Systems
- Broadcom Corp.
- Ceradyne
- Cognizant Technology Solutions
- Conexant Systems, Inc.
- Creative Labs
- DRS Technologies
- eBay
- Emulex
- Genentech
- Hewlett Packard
- Hitachi Data Systems
- Illumina
- Intel
- Juniper Networks
- KLA Tencor
- Lam Research
- Microsemi Corp.
- Netscape Corporation
- Network Appliances
- Newport Corp.
- Novell
- Nvidia
- OSI Pharmaceuticals
- Pacific Telesis Group
- Palm
- Powerwave Technologies
- QLogic Corp.
- Quest Software
- Seagate
- Silicon Graphics
- STEC, Inc.
- Sun Microsystems
- Sybase
- Symantec
- Tibco Software
- TTM Technologies Inc.
- Universal Electronics Inc.
If you are or have been employed at any of these companies and have any questions, please contact us.
About The Carter Law Firm
The Carter Law Firm specializes in cases involving the representation of employees. Roger R. Carter is the founding and managing partner of The Carter Law Firm. Having practiced for over twenty years, and having worked for both defendants and plaintiffs, Mr. Carter possesses the unique experience, reputation and ability to strongly represent individuals and multiple plaintiffs. His unique experiences have helped him hone his negotiation and advocacy skills, resulting in his active participation in hundreds of employment related cases over his twenty plus years of practice. Within the last four years alone, the firm's total recoveries exceed $100,000,000.
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Former and Current Employees of Western Digital
If you worked in California as an Engineer – Data Analysis, Data Management, Firmware, Software Development, Electronic Design and Product Design for Western Digital, there is a class action lawsuit pending which could affect your rights.
- YOUR FELLOW WORKERS NEED YOUR HELP.
- In March 2009, a class action lawsuit was filed in Orange County against Western Digital Technologies Inc. on behalf of a class comprised of engineering job positions.
- Plaintiff Class members performed primarily non-exempt functions for the Defendants and were misclassified as exempt employees.
- The lawsuit seeks unpaid overtime compensation for hours worked in excess of 8 per day/40 per week by California based Information Technology (IT) employees.
- The lawsuit seeks unpaid wages and other damages resulting from the company's refusal to permit its IT employees to take uninterrupted half-hour lunch breaks and regular paid ten minute breaks during shifts.
- California law requires employers to pay overtime rates for all hours worked over 8 in a workday or 40 in a workweek.
- California law provides that employees who are not permitted to take the meal and rest periods allowed under the applicable Industrial Welfare Commission Wage Order must be paid one additional hour of pay for each day that the rest periods are not permitted, and one additional hour of pay for each day that the thirty minute meal periods are not taken.
- If the class action is successful, every Western Digital employee in California may be entitled to compensation.
If you are an IT employee and would like more information, click here for an Information Form that can be submitted by mail, fax, or email.
