A number of Leidos’ translators from the San Diego Area hired our law firm to file a lawsuit to collect money due to them on the basis they were misclassified as independent contractors, given work days far in excess of eight hours a day and are owed overtime and double time. We have also reviewed the situation of many others including Leidos translators in El Centro who may soon come into the lawsuit as plaintiffs.
Lead Counsel on the case is Karl Gerber/ His preliminary analysis is the individual damages of the misclassified translators are substantial enough that it is within their best interests to be individual plaintiffs in the lawsuit. Besides mere overtime and double time a number of California Labor Code violations may bring substantial penalties and interest.
Our law firm believes California translators for Leidos were misclassified as independent contractors. This belief is bolstered by the fact Leidos is now asking their translators to come onto cases as employees. Moreover, many of Leidos’ competitors pay their translators as employees.
Leidos translators worked many shifts of more than eight hours in a day thereby entitling them to overtime if they were employees. Our law firm’s review of many translators’ time sheets also indicates they worked more than twelve hours in a day thereby entitling them to double time pay. Our investigation further revealed the translators performed certain services off-the-clock and were not paid for those services.
For more information on the Leidos misclassification, Labor Code violation case please contact Karl Gerber directly at 1-877-525-0700 or locally at 714-210-8000 between 9:00 AM and 6:30 PM.
FOR INFORMATION ON OVERTIME NOT PERTAINING TO THE LEIDOS CASE CLICK HERE
The lawsuit our firm filed in San Diego Superior Court alleges overtime and double time violations going back four years from the date of the lawsuit’s filing. The lawsuit pleads (asks for) penalties under California Labor Code Section 226 for each check that failed to itemize the number of hours worked, and at what rates of pay. Most employers contend that claim can only go back a year from the date it is filed. California Labor Code Section 203 penalties are pled for 30 days of pay for each day all wages were not paid after the plaintiffs were released from work. Other than potential Private Attorney General Penalties we began exhausting administrative remedies on February 3, 2017, the lawsuit only protects those employees who are actual plaintiffs.
Who can be in the Leidos lawsuit? Any California employee who was misclassified as an independent contractor and worked overtime and/or double time within the last four years can be in the lawsuit. The lawsuit does not have to be limited to work done in San Diego County. For example, if there are many translators who worked and live in Orange County it may be appropriate to file a lawsuit for them in Orange County. Likewise, a lawsuit for employees who worked in Oakland could be filed in Alameda County. At some point the courts could consolidate, for some purposes, lawsuits filed in different counties for the same issues.
We understand some employees worked more overtime and/or double time than otters, or for longer periods of time. Because we are representing so many employees on the same issue we are willing to represent employees who may have smaller claims than some of the others we are handling.
We have confirmed the United States Department of Labor is investigating Leidos over their misclassification of translators. It is unclear whether the investigation is for all of the translators who worked at all of the locations Leidos sent them to, or only some of the translators and/or some of the locations. The Department of Labor representative has refused to confirm whether Leidos is in settlement talks with the Department of Labor over the misclassification issue. One interpretation of Gerber’s exchange is the Department of Labor is merely investigating and is therefore raising its investigatory privilege in saying they cannot confirm or deny the existence of settlement negotiations with Leidos. We caution Leidos’ translators not to rely on rumors and speculation about what might be happening with the Department of Labor.
It is our advice translators independently sue and not wait for Department of Labor action. First of all, it cannot be confirmed any settlements will be offered by Leidos through the Department of Labor investigation. Second, the Department of Labor is not pursuing the remedies being pursued in the case our firm is pursuing, or another private law firm would pursue. The Department of Labor is relying on Federal laws that have limited statutes of limitation. Besides the limitation on how far the Department of Labor can go back, they are not suing for California Labor Code violations which carry substantial penalties. Third, it is unclear whether the Department of Labor investigation is for all translators of Leidos who worked in California. We further feel it is our obligation to warn Leidos employees that by waiting for an unconfirmed settlement that may never happen statute of limitations are expiring which means every day that goes by they potentially lose the ability to sue for part of the misclassification/overtime/double time issues. Finally, we believe the sums the Department of Labor might negotiate will be vastly inferior to recoveries in a California action.
One of the purposes of this article is to clarify several issues. One, we feel too many rumors are circulating about what the Department of Labor is doing. Two, we are receiving many inquiries from Leidos employees trying to find out what is going on with the lawsuit we filed and the Department of Labor. Three, we would prefer Leidos employees call our law firm directly opposed to sending emails, or calling other plaintiffs and prospective plaintiffs about what might be going on. We feel your best advice is direct access to Lead Counsel, Karl Gerber on the telephone at 1-877-525-0700 or locally at 714-210-8000.
This article was written February 8, 2017 and only covers issues known to our law firm as of the date of this writing. Please do not rely on this article for legal advice. Understanding how an employee’s rights are affected can only occur through direct communication with an experienced employee labor lawyer, and the review of documentation.