| EDS OVERTIME CLASS ACTION WEBSITE |
| Class Action Counsel: | Pitt, McGehee, Palmer, Rivers, and Golden, P.C. |
SUMMARY OF THE CASE: Steavens et al. v. Electronic Data Systems Corp.: This class action has been filed to recover unpaid overtime and retirement and 401(k) plan benefits credits for all current and former EDS salaried technical support employees who were misclassified by EDS as exempt during any period after October 23, 2004. “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. RECENT DEVELOPMENTS: First Amended Complaint and Jury Demand (PDF - 85 KB) WHO MAY JOIN THIS SUIT: To be eligible to participate in this action, you must meet the following criteria:
IMPORTANT NOTE: Your EDS job title and job code do not determine whether you are exempt or non-exempt from the overtime requirements set by federal law. What matters are your actual job duties. For example, you may be called an “Information Analyst” or “Infrastructure Analyst” or “System Administrator” or some other job title. The official job description for your title may say one thing, but in reality, your primary job duties are to install, maintain, and support computer hardware and/or software. If this describes your work, you may be eligible to participate in this action. NOTICE TO THOSE WHO WERE OFFERED BACK OVERTIME PAY BY EDS AND If you did not cash your check and have not submitted the signed waiver, you are eligible to participate in the FLSA action. If you were not offered any back overtime pay, and you meet the criteria above, you are eligible to participate in the FLSA and ERISA action. If you cashed your check and submitted the signed waiver, you are likely not eligible to join the FLSA Collective Action for unpaid overtime but you may be eligible to participate in the ERISA Class Action which is described in the Complaint. TIME LIMITS Federal law has a two-year time limit for recovery of unpaid overtime compensation. If the failure to pay overtime is proven to be a willful violation of federal law, the recovery period may be extended to three years. This means, for example, that if you join the lawsuit on November 1, 2007, you can claim overtime losses back to November 1, 2005 (or November 1, 2004, if the violation is deemed willful). Once you join the lawsuit, your claim for future overtime losses is preserved. Therefore, if you are interested in joining the lawsuit, you should contact us immediately to ensure that your claim for past overtime losses is preserved as soon as possible. RETALIATION CONCERNS An employer is prohibited by law from retaliating against an employee who exercises his or her legal right to join an FLSA or ERISA lawsuit. WHO TO CONTACT FOR MORE INFORMATION: If you meet the above criteria, and wish to participate in this suit, please send any of the attorneys working on the case, Maureen Crane, Cary S. McGehee or Beth Rivers, an e-mail and we will follow up with you. Or you can contact us at 249-398-9800. You are also invited to attend an informational meeting that will be held in Michigan:
If you would like to be evaluated for potential eligibility or be informed of our next informational meeting, please complete the form below to be placed on the notification list confidentially. * Required Field.
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