The attorneys at Morgan & Morgan are currently investigating alleged violations of the Fair Labor Standards Act (FLSA) and various labor laws against Samsung Telecommunications America LLC. Field Sales Managers (FSMs) for Samsung have claimed that Samsung misclassified their position as exempt from overtime and as a result they did not receive proper overtime compensation for their overtime hours. If these allegations are substantiated, Samsung would have violated the FLSA and numerous other state employment statutes and the plaintiffs would be entitled to compensation for their outstanding overtime pay.
Non-exempt employees must be paid time-and-a-half pay for any hours worked over forty in a given workweek whereas exempt employees are not entitled to this pay rate for overtime hours.
Update: National Labor Relations Board Recommends Striking Samsung Class Waiver
On August 18, 2015, the National Labor Relations Board (NLRB) published an order striking the class action waiver found in agreements signed by plaintiffs in the currently pending claims Samsung.
Employees were allegedly compelled, as a condition of employment, to waive their right to maintain a class or collective action, either through arbitration or judicial proceedings. This clause was struck on the basis it violated the rights of employees as established by Section 7 and 8(a)(1) of the National Labor Relations Act, which guarantees employees "the right to self-organization”. Morgan and Morgan attorneys see this order as another victory for employees otherwise deprived of their labor rights.
The NLRB further recommended Samsung refrain from telling employees not to discuss their lawsuit with other employees and remove the clause waiving the right to maintain a class.
If you work or worked for Samsung as a FSM, within the United States, in the past 3 years, and were not properly compensated for your overtime hours, you may be eligible to join this case.
For a free case evaluation of your Samsung overtime claim, please contact us at (877) MORGAN-LAW or click here. Our expert staff is standing by to evaluate your claim. You may qualify for compensation via an individual or class action lawsuit.