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 Court approved the settlement reached by the parties in a Fairness Hearing on March 12, 2010. The Court also approved a Notice describing the terms of the settlement and the settlement procedures and deadlines. To see the Notice, click here.

Claims forms were due from class members on February 1, 2010, and checks are expected to be mailed to those who submitted a valid claims form in early August 2010. If you have any questions about settlement procedures please contact the Claims Administrator at 1-866-591-7231 or Plaintiffs' Counsel at 1-866-397-1008.