On April 17, 2008, Plaintiff filed this lawsuit in the federal court for the Southern District of New York. It is currently pending before the Honorable Robert W. Sweet. The lawsuit seeks overtime pay for IBM technical support workers in Bands 6, 7, and 8 of position codes 499A, 499K, 594J, and 595K, who were classified by IBM as exempt from overtime pay between July 12, 2007 and August 1, 2008. Plaintiff seeks to litigate as a nationwide collective action under the Fair Labor Standards Act (FLSA). Plaintiff also will seek to certify a class and to litigate related claims for pension benefits brought under the Employee Retirement Income Security Act (ERISA) for class members who were covered by the IBM Tax-Deferred Savings Plan/401k and/or the IBM Personal Pension Plan. In addition, Plaintiff seeks to represent a similar class of technical support workers based on alleged violations of the California Unfair Competition Law (UCL) and the California Labor Code.

To read the initial Complaint that commenced this lawsuit, click here. It is anticipated that one or more amended complaints may be filed.

Plaintiff.s lawyers are currently engaged in discovery and in interviewing potential class members and witnesses. To contact the lawyers working for Plaintiff in this lawsuit, click here.