Danieli v. IBM is a class and collective action brought on behalf of IBM employees who were in bands 6, 7, and/or 8 of position codes 499A, 499K, 594J, 595K, and/or 999 A-E at any time on or after January 12, 2007 through December 31, 2008 and who were subsequently reclassified during that time frame to position codes 995K or 999K (except the 382 such employees later re-reclassified back to exempt status). The amended complaint alleges that IBM misclassified class members as exempt from overtime during the class period and failed to pay them overtime during that period. IBM denies any wrongdoing.

The parties have reached a proposed settlement of the case, which the Court preliminarily approved. The Court has set a final approval hearing for March 12, 2010 at 10:00 a.m. The Court also approved a Notice describing the terms of the settlement and the settlement procedures and deadlines. To see the Notice, click here.

The Notice will be mailed to Class Members on December 11, 2009. If you fit within the class definition, but have not received a notice and claim form by December 18, contact the Claims Administrator at 1-866-591-7231.