Law Offices of Louis Spitters

Wipro accused of non-payment of overtime to foreign workers

The United States is often called the land of opportunity, which entices many foreign workers to come to the country for work. However, these workers may not be familiar with their rights regarding proper compensation under state and federal employment laws and may be underpaid, as a result. A man who was outsourced by Wipro Ltd. to work at DirectTV in California claims that he was not given payment for overtime, because he was incorrectly classified as exempt.

According to the class action lawsuit, the plaintiff was hired to work as a computer technician, given the job title of architect and paid a salary. He claims that he was not given compensation for his travel expenses to the job site. Additionally, when he worked more than 40 hours, he alleges he was not given payment for overtime.

In the state of California, people who work more than 40 hours per week are to be paid overtime. Additionally, as of January 2014, employees who earn a salary that is less than $84,130 annually are not exempt from overtime pay. The plaintiff's salary was less than $7,000 per month which would place him under that threshold. The plaintiff's lawsuit is looking to obtain redress for all of the IT workers who did not meet the salary requirements, were improperly classified and, as a result, were denied overtime for the last four years.

In his lawsuit, he is accusing Wipro of non-payment of overtime, not paying income that was due to employees who left the company and violation of the California Unfair Competition Act. If he is successful in his case, the claimants may receive the payment being requested, as well as injunctive relief to ensure that this type of problem does not occur in the future. Those who believe that they have not been paid correctly in accordance with state and federal labor laws and have not found solutions may choose to file claims in civil court.

Source:, "Indian tech professional Suri Payala files lawsuit in California against Wipro for failure to pay overtime wages", Raif Karerat, May 7, 2015

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