SAN FRANCISCO — Sixteen former Cogent Communication Inc. employees filed an overtime pay lawsuit against the company recently. The former employees, who were Cogent account managers, brought the lawsuit alleging the company failed to provide proper information on California’s labor laws and denied them overtime pay. They are seeking class certification on behalf of themselves and other similarly situated account managers who have worked for Cogent Communication Inc., an internet service provider, in the last four years.
The Overtime Claim
The former account managers brought their claim under the Fair Labor Standards Act (FLSA), as well as California state labor laws. They claim they were regularly required to work more than 40 hours a week, yet never received overtime wages. Cogent classified account managers as exempt and not entitled to overtime pay. The account managers believe this was intentional, since the company should have known that the account managers did not meet exempt classification requirements. They believe this was in an effort to cut costs and to gain an unfair advantage in the market. This behavior contributes to unfair competition, which is a violation of California state law and alleged in this lawsuit.
In addition to the overtime claim, the account managers claim the company failed to provide proper payment, like accrued vacation pay, when employees left the company. Cogent, also, allegedly either lied or did not inform employees or account managers of California labor laws regarding exempt status and overtime pay, which allowed the company wide misclassification to occur and continue.
Notice of Labor Laws
State and federal labor laws require employers to post notifications of employee rights in a location where employees will have the opportunity to view the information. These notifications are usually in the form of posters found in break rooms or in areas where the majority of employees have access. The FLSA provides employers with the necessary minimum wage posters, which clearly state the federal minimum wage, overtime wage, exceptions to the wage laws, and the consequences of violations. Failure to post these notices is a violation of most labor laws, since employees must know their rights in order to enforce them.
If you believe your employer has misclassified your position or denied you proper overtime wages and has failed to post labor law notices, you may have an overtime claim. Call our top rated team of overtime pay lawyers today at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. However, there are strict time deadlines for filing lawsuits so it is important to contact an attorney immediately.