Levinson v. IBM

This is a class action on behalf of all non-exempt employees who are or were employed by International Business Machines Corporation (“IBM”), who were misclassified as exempt from July 13, 2007 through the present.

Specifically, any employees who were paid as exempt employees and performed or engaged in:

1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.
2. The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.
3. The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
4. but were not paid an hourly rate of pay of at least forty-seven dollars and eighty-one cents ($47.81).

The Complaint alleges that IBM failed to pay the class all wages and penalties owed, including overtime and meal periods, to provide adequate itemized wage deduction statements, and to provide former employees with all wages owed within the requisite time period.

UPDATES:

**The case is being consolidated with another case, Danielli v. IBM, No. 08 CV3688 (SDNY), alleging that IBM violated the Fair Labor Standards Act and Employee Retirement Income Security Act, the wage and hour laws and unfair business practices laws of California, and possibly the wage and hours laws of various other states.

October 1, 2008:
Action dismissed without prejudice.

September 22, 2008:
Plaintiff’s Reply to Defendant’s Opposition to Motion for Class Certification filed.

September 8, 2008:
Defendant’s Opposition to Motion for Class Certification filed.

August 8, 2008:
Plaintiff’s Motion for Class Certification filed.

July 8, 2008:
Plaintiff’s deposition of Defendant’s Person Most Knowledgeable Concerning GBS Division Job Duties.

July 7, 2008:
Plaintiff’s deposition of Defendant’s Person Most Knowledgeable Concerning Job Duties.

July 3, 2008:
Plaintiff’s deposition of Defendant’s Person Most Knowledgeable Concerning Job Classifications.

June 20, 2008:
Plaintiff’s deposition of Defendant’s Person Most Knowledgeable Concerning the Compensation of Richard Levinson and the Putative Class.

June 19, 2008:
Plaintiff’s deposition of Defendant’s Person Most Knowledgeable Concerning and Exemption from Overtime Compensation (Job Duties) Claimed for Richard Levinson and the Putative Class Members.

May 23, 2008:
Defendant served initial disclosures on Plaintiff.

May 22, 2008:
Defendant’s deposition of Plaintiff Richard Levinson.

March 17, 2008:
Joint Report filed by the parties pursuant to Federal Rule of Civil Procedure 26(F).

February 4, 2008:
Demand for Jury Trial filed by Plaintiff. Amended Demand filed on February 22, 2008.

January 18, 2008:
Answer to Complaint filed by Defendant.

January 11, 2008:
Removal of Civil Action from California State Court to the U.S. District Court, Central District of California.

November 28, 2007:
Complaint filed by Plaintiff in California Superior Court for the County of Los Angeles.