Class Action Plaintiffs: Victor Gumbs
Class Action Defendants: Compucom Systems, Inc. & Excell Data
Class Action Allegations: Excell has engaged in, and continues to engage in, a common course of wage and hour abuse against employees in the State of Washington.
Excell’s wage and hour abuse includes routinely failing to record and compensate employees for all overtime hours worked. Excell pays employees an hourly rate by project but does not allow for the fact that many such projects regularly take more than 40 hours per week to complete. For example, Excell provides a "scope of work" for each project indicating the number of hours per week Excell’s client has agreed to pay for that project and pays employees only for the number of hours indicated in the "scope of work," regardless of the actual hours worked. In fact, it is Excell’s policy to discipline employees for reporting more hours than authorized by the "scope of work," even when the project requires more hours to complete. Excell’s employee handbook states:
Employees are entitled to one and one-half times the regular rate of pay for all hours worked in excess of 40 hours per week. Excell has had actual or constructive knowledge of the fact that employees are not being compensated for all overtime hours worked.
Excell’s wage and hour abuse also includes routinely failing to compensate employees for off-the-clock work. For example, Excell often requires or permits employees to not report all hours worked. Instead, employees are instructed to report only the number of hours indicated in the "scope of work," regardless of the actual hours worked. As a result of this off-the-clock work, Excell’s employees are deprived of overtime wages. Excell has had actual or constructive knowledge of the fact that employees are not being compensated for off-the-clock work.
If you believe that you have also been harmed because of Compucom Systems, Inc. and Excell Data's actions, feel free to contact us to discuss a role in this class action.