Thursday

Overtime Lawsuits Against the Big 4

Q: What's better for your health than sitting in a cubicle hunched over laptop staring at glaring white spreadsheets in dim light for 8 hours every day for years on end?


A: Sitting in a cubicle hunched over laptop staring at glaring white spreadsheets in dim light for 18 hours every day for years on end -- and not getting paid for it!

Before:



After:





There are currently a number of class action lawsuits pending against the Big 4 relating to the firms' practice of not paying overtime wages to junior-level accountants. For example, several lawsuits pending against E&Y in California allege that E&Y is inviolation of California overtime wage and break period laws. The cases have been consolidated before Judge Jeremey Fogel in the Northern District of California. (If you have a Pacer login, see Case No. 05-04867-JF.) Here are excerpts from the operative complaint in one of the actions:


During all times relevant herein, the class members supported the business of Defendant by working under the direction of their superiors, the managers and partners of the defendant. Such work involved the class members assisting their superiors in the production of the products and services provided by the defendant’s business to its customers. The great majority of such work by the class members included, but was not limited to, secretarial, clerical, and data entry support work, including filing papers, organizing and assembling documents, taking notes of meetings, entering spreadsheet data and formatting spreadsheets, and similar tasks requiring very little or no exercise of independent judgment or discretion or any advanced professional degree or license or the prior completion of any extended course of academic or technical studies in any art or science.

Defendant compensated the named plaintiffs and the class members on a “salary only” basis whereby the named plaintiffs and the class members were paid a fixed salary for all hours worked during each week.

At all relevant times, the named plaintiffs and theplaintiff class members were required to work in excess of eight hours during the workday and in excess of 40 hours during the workweek and/or worked more than six consecutive days in a workweek.

During all relevant times the Wage Order No. 4 of the California Industrial Welfare Commission provided that “...nonexempt employees must be paid an overtime premium for all hours worked in excess of eight during the workday and in excess of 40 during the workweek, as well as for work performed on the seventh workday in a work week....”

Although the named plaintiffs and the plaintiff class members worked overtime as that term was defined in the relevant wage orders, Defendant failed and refused to pay the legally required state overtime premiums.


Throughout the above-described period Defendant repeatedly misrepresented to the members of the plaintiff class and the general public that the plaintiffs were “professional” or other sorts of employees exempt from the overtime laws of the State of California, the defendant also failing to require or have the class members take specified paid and/or unpaid meal and rest breaks as required by California law and did not pay the class members an hour of additional wages per day for such unreceived break time, as required by California law.

This misrepresentation and omission by the defendant gave defendant a competitive advantage over other employers who legitimately paid their workers the proper overtime wages and other wages required by California law and who also gave the employees the meal and rest breaks required by California law or the additional wages required by California law in lieu thereof.

Although the plaintiffs and the class members regularlyworked for amounts of time each day that would entitle them to the paid and unpaid rest and meal breaks provided for under California Labor Code Section 226.7 they often did not receive such daily rest and meal breaks and they did not receive one hour of additional pay on the days they did not receive such breaks.

For more information, you can contact the attorneys representing the plaintiffs in these actions:

Mark R. Thierman
Thierman Law Firm P.C.
7287 Lakeside Drive Reno, NV 89511
775/284-1500 Fax: 775-703-5029
Email: laborlawyer@pacbell.net

Arthur William Lazear
Hoffman & Lazear
180 Grand Avenue, Suite 1550 Oakland, CA 94612
510 763-5700
Email: awl@hoffmanandlazear.com

Max Folkenflik
Folkenflik & McGerity
1500 Broadway 21st Floor New York, NY 10036 212-757-0400
Fax: 212-757-2010
Email: max@fmlaw.net

Ross L. Libenson , Esq.
Law Offices Ross L. Libenson
180 Grand Avenue, Suite 1550 Oakland, CA 94612
510-763-5700 Fax: 510-835-1311
Email: rll@hoffmanandlazear.com

49 comments:

  1. Anonymous3:36:00 PM

    The trial court in a similar case against PWC (Case No. 06-2376, E.D. Cal.) ruled against PWC on summary judgment, and PWC has appealed the judgment.

    The opinion is posted at http://www.kcrlegal.com/PwC-MSJ-Order.pdf

    ReplyDelete
  2. Anonymous3:45:00 PM

    This is old news in Canada, where the firms have already agreed to pay overtime to non-accountants: http://steeplemedia.com/blogs/krupo/archive/2008/04/28/three-of-canada-s-big-four-ca-firms-to-pay-overtime.aspx

    ReplyDelete
  3. Anonymous7:27:00 PM

    You might also want to visit my blog at blog. You are going to begin your Internet Marketing Plan by
    publishing your articles to the following sites.
    Make sure that your subscription box is very noticeable.

    ReplyDelete
  4. Anonymous7:38:00 PM

    Narrow blood vessels lie alongside the intestines of the earthworm and they absorb the
    nutrients from the alimentary canal feeding the rest of
    the body. Brazenhead is a great place to go with your family or for a business lunch or dinner, but if you
    are looking for a party atmosphere, this isn't it. 28.

    Have a look at my webpage; brainstormer pub quiz answers
    My webpage: good pub quiz names

    ReplyDelete
  5. Anonymous8:01:00 PM

    A few weeks before the party said the girl's birthday we were going to youth club on Saturday night and the theme was horror. In this way, there will be no shortage of people at the party. A kids birthday party games party at the park can be a blast on a very low budget.

    my homepage ... 13th birthday party ideas

    ReplyDelete
  6. Anonymous8:36:00 PM

    In the first place, you might want to supply the people you buy twitter followers from your password meaning people can do anything they want
    with your account which could include stealing
    the password & changing the email on the account so groups rip it off from you.
    They even offer a $10 discount sometimes, which is a hefty sum,
    from the regular price, via coupon codes. This website is able to deliver one thousand fans within four weeks.


    Here is my weblog http://socialbears.com/twitter-followers/

    ReplyDelete
  7. Anonymous9:03:00 PM

    Only 1 address, while. Superdog has facilities in Sacramento, Los Angeles, San Francisco, Walnut Creek, Oakland, Napa, and Orange County.
    It is wise to take the classical conditioning method first because it is easier to
    do.

    Here is my homepage - hunting dog training aids

    ReplyDelete
  8. Anonymous12:58:00 AM

    It is particularly helpful as you fight off this yeast infection in mouth.
    - Direct vaginal contact with chemicals, dyes and perfumes.
    Thick, white discharge from the penis.

    my blog post :: men yeast infection Antibiotics

    ReplyDelete
  9. Anonymous1:01:00 AM

    In other words, they go against the grain of the careers their parents had.
    Brazenhead is a great place to go with your family or
    for a business lunch or dinner, but if you are looking for a party atmosphere,
    this isn't it. Theme Format: It is almost like standard format of the pub quiz.

    Look at my homepage :: pub quiz and answers general knowledge

    ReplyDelete
  10. Anonymous1:29:00 AM

    This is because they have a high number of satisfied clients who have purchased likes and fans in bulk and are reaping the
    immense benefits. Out of all them the best and most used one is to buy Facebook fans.

    Like anything else in this world, you get what you pay for.


    my weblog; http://www.hydee.ca/news/welcome

    ReplyDelete
  11. Anonymous2:09:00 AM

    Well with the internet the world has suddenly
    become the customer base of many businesses, especially Facebook.

    They are designed to suit the individual needs of businesses
    that wish to either use sponsorship ads, advertising
    programs, business events, Facebook widgets for business websites, Facebook Like for corporate blogs,
    forums etc. There are many ways of doing this and this article take
    a look at some of them.

    my web-site; increase facebook fans

    ReplyDelete
  12. Anonymous2:36:00 AM

    Since marriage is a permanent bond between two love ones, roses are very much preferred for dcor of
    wedding place. Wedding planning is no different. With the advantages that technology is affording for us
    now planning that special day is a lot easier
    and simpler.

    Feel free to visit my website; the knot wedding website amanda isgate and brandon hicks
    Also see my web page > wedding website advertising

    ReplyDelete
  13. Anonymous6:11:00 AM

    Using a reliable site to buy Youtube views or buy Google+1's is essential. In order for you to Buy You - Tube Views you have to access some web-sites and to ask the guys who work there if they can help you. The most frequently asked question in this regard is how you can easily buy You - Tube Views.

    Also visit my blog; increase youtube views

    ReplyDelete
  14. Anonymous9:05:00 AM

    For those who are unaware, Vistaprint is a website that has been around for years, and it
    offers a variety of personalized products that can be used for
    businesses, gifts, weddings, and more. (US).
    This site helps you find vendors within your
    local area.

    Visit my homepage: wedding website and invitations

    ReplyDelete
  15. Anonymous10:09:00 AM

    (Thank you rounds are always welcome, of course.
    At the end of each round read out the cumulative scores. The decline of the
    East side blues scene was disheartening, but, it also gave rise to the need for a fresh start, which came in the form of the next blues-only venue, Antone's, founded by the late Clifford Antone, during the summer of 1975.

    Here is my web page; best pub quiz names

    ReplyDelete
  16. Anonymous2:57:00 PM

    You might also want to visit my blog at blog. You are going to begin your internet marketing plan by publishing your articles to the following
    sites. There are many blog plug-ins  such as Caffeinated Content for Wordpress 
    that  pulls.

    Also visit my web page ... Internet Marketing Coach
    My web site - Internet Marketing Techniques

    ReplyDelete
  17. Anonymous5:48:00 AM

    '''. Instead, focus on a single thing or just a couple of things, and try not to move forward until you have reached those goals. ][.

    Also visit my blog; learning piano chords and notes

    ReplyDelete
  18. Anonymous7:48:00 AM

    You still have to expert all of those other guitar chords so as to engage in very
    easy popular music. Instead, focus on a single thing
    or just a couple of things, and try not to move forward until you have reached those goals.

    These hail every little thing played getting rid of barely the
    sophisticated keys, so you ought to keep effective
    toward crush extra listed below barely a limited area of time.


    Also visit my blog post; piano Chords apologize one republic

    ReplyDelete
  19. Anonymous4:44:00 AM

    If there's a real lesson here, it is that you should make a reasonable profit on a regular basis selling books or anything else, and once in awhile you'll get an
    unexpectedly nice payday. “From 1994 I went on a dry spell until
    about 2002 or 2003,” he said. I recommend 99 cents when choosing the starting bid amount for your digital photos.


    Feel free to visit my web page ... last minute travel deals

    ReplyDelete
  20. Anonymous4:12:00 PM

    By dividing up the party at several peoples houses you make it easy on yourself.
    Even Halloween parties with the very best Halloween costumes can get dry after everyone's seen the costumes to be seen and passed out the candy to the beggars. Play games all night long in keeping with the twenties theme such as various card games and crossword puzzles.

    My blog :: bad credit home loan

    ReplyDelete
  21. Anonymous2:03:00 AM

    Upon returning to the starting line, the first player
    must pass the sugar cube to the next teammate in line and so on.
    I won't spoil your surprises and give away any more details. Cranberry studios developed this sequel while publisher Anaconda brings it to you in stores.

    Here is my blog; global development

    ReplyDelete
  22. Anonymous3:05:00 AM

    If your tween is into paint-ball you can take
    everyone to play paint-ball. For adults, a virtual
    makeover of hair and makeup may be the equivalent
    of a little one hood game, with an improved style sensibility that
    tends to make the knowledge each entertaining and inspirational.
    You Divide everyone at the party into two groups, or tribes.


    Review my web site ... skyrock

    ReplyDelete
  23. Anonymous8:10:00 AM

    ' Satanic Ritual - Decorate the space with human sacrifice, goblets of blood, pentagrams, and things draped in black. For adults, a virtual makeover of hair and makeup may be the equivalent of a little one hood game, with an improved style sensibility that tends to make the knowledge each entertaining and inspirational. Play games all night long in keeping with the twenties theme such as various card games and crossword puzzles.

    Take a look at my blog post - washington refinance

    ReplyDelete
  24. Anonymous6:08:00 PM

    The decor on the inside of the restaurant is absolutely beautiful.
    At the end of each round read out the cumulative scores. They
    feature almost nightly drink specials and some form of entertainment every night of the week--DJ's, live music, trivia, you name it.

    Feel free to visit my web-site :: free pub quiz answers

    ReplyDelete
  25. Anonymous11:55:00 PM

    If you're planning a vacation with your family or friends to have endless fun and adventure, you must be looking for fishing kayaks and other accessories. There are different types of fishing kayaks for sale ranging from models that an individual sits on top of to ones that are designed to be set inside of. Now let us look at the specific needs of a kayak fishermen when it comes to his craft.

    My web-site: baltimore refinance

    ReplyDelete
  26. Anonymous6:06:00 AM

    Some were practical, of course, but others were psychological and emotional.
    At the end of each round read out the cumulative scores.
    8.

    Check out my website pub quiz names

    ReplyDelete
  27. Anonymous1:14:00 PM

    The players would begin as members of the SCA, going to Phoenix for the Estrella War.
    I've played Nancy Drew for years and even her saccharine personality is more 3D than Lindsay or 'Linds') as she calls herself. I hope you have fun planing a birthday party for your tween, I hope my birthday party ideas for tween's helped you.



    Have a look at my web page ... vitamins

    ReplyDelete
  28. Anonymous5:21:00 PM

    The players would begin as members of the SCA, going to Phoenix for the Estrella War.
    This was zero cost because the students went to local stores and asked
    for either donations and gift cards to purchase these items.
    The game would begin with them watching the collapse of society and the outbreak of magic around the world.



    Feel free to visit my website :: atlanta georgia

    ReplyDelete
  29. Anonymous10:24:00 AM

    there are lots of family dog web pages which provide totally free information
    on several unique instruction troubles. In the event you employ strategies that may be employed
    in agreement together with your dog's normal urge and instincts, you'll be able to improve its
    character and provide restrictions that can maintain your dog satisfied.
    It is wise to take the classical conditioning method
    first because it is easier to do.

    my web blog; arrowhead dog training academy

    ReplyDelete
  30. Anonymous12:02:00 PM

    On Sunday nights Erin Jaimes hosts a blues jam where anyone from Alan Haynes to Gary Clark, Jr.
    Local country clubs are offering trivia fun for as little as forty dollars per couple.
    They feature almost nightly drink specials and some form of entertainment every night of the
    week--DJ's, live music, trivia, you name it.

    Also visit my page: pub quiz amsterdam

    ReplyDelete
  31. Anonymous10:52:00 AM

    Some were practical, of course, but others were psychological and emotional.
    *Rounds table format. The Bull's Head Pub, Bangkok.

    My homepage ... pub quiz austin texas

    ReplyDelete
  32. Anonymous2:14:00 PM

    (Thank you rounds are always welcome, of course. Brazenhead is a
    great place to go with your family or for a business
    lunch or dinner, but if you are looking for a
    party atmosphere, this isn't it. Ask your local club to run this for you.

    Feel free to visit my webpage pub quiz anagrams

    ReplyDelete
  33. Anonymous11:09:00 PM

    On Sunday nights Erin Jaimes hosts a blues jam
    where anyone from Alan Haynes to Gary Clark, Jr. *Rounds table format.
    The buccal cavity is a small cavity that has neither jaws nor teeth.


    Feel free to visit my web page; great pub quiz names

    ReplyDelete
  34. Anonymous12:21:00 AM

    Also, we need to determine the rounds of the quiz according to
    it. Below are listed a few popular pubs where one can chill
    in Mumbai. They feature almost nightly drink specials and
    some form of entertainment every night of the week--DJ's, live music, trivia, you name it.

    Check out my blog - clever pub quiz names

    ReplyDelete
  35. Anonymous1:14:00 PM

    In that case, this kind of question should not be taken
    from any show telecasted in specific country.
    Anna had been looking through my phone while I was naked.

    The buccal cavity is a small cavity that has neither jaws nor teeth.


    Feel free to surf to my web site - pub quiz amsterdam

    ReplyDelete
  36. Anonymous12:33:00 AM

    On Sunday nights Erin Jaimes hosts a blues jam where anyone from
    Alan Haynes to Gary Clark, Jr. At the end of each round read out the cumulative scores.
    28.

    Feel free to visit my web page ... pub quiz amsterdam

    ReplyDelete
  37. Anonymous10:26:00 AM

    (Thank you rounds are always welcome, of course.
    Brazenhead is a great place to go with your family or for a business lunch or dinner, but if you are
    looking for a party atmosphere, this isn't it. 8.

    Stop by my blog - clever pub quiz names []

    ReplyDelete
  38. Anonymous9:40:00 AM

    Narrow blood vessels lie alongside the intestines of the earthworm and they absorb the nutrients from the alimentary canal feeding the rest of the body.
    Local country clubs are offering trivia fun for as little as forty dollars per couple.

    8.

    Here is my web-site :: pub quiz archives

    ReplyDelete
  39. Anonymous2:03:00 AM

    (Thank you rounds are always welcome, of course.
    Popular prizes include sports tickets, cash and vouchers for drinks, food - and dollars
    off of tabs. Ask your local club to run this for you.

    My blog pub quiz and answers

    ReplyDelete
  40. Nucleum Accounting and Consulting is committed in helping businesses master the science of accounting. We are a Certified Public Accounting firm, member of National Society of Tax Professionals, and the P.I.C.P.A. If you have any accounting needs, please give us a call.

    ReplyDelete
  41. Visit this great blog for online taxi booking
    tunbridge wells taxi

    ReplyDelete
  42. Nucleum Accounting and Consulting is committed in helping businesses master the science of accounting. We are a Certified Public Accounting firm, member of National Society of Tax Professionals, and the P.I.C.P.A. If you have any accounting needs, please give us a call.buy facebook likes cheap

    ReplyDelete
  43. Nice post. I will be sharing this with all of my friends! thanks for sharing. Boekhouden zzp

    ReplyDelete
  44. Do you need Personal Loan?
    Business Cash Loan?
    Unsecured Loan
    Fast and Simple Loan?
    Quick Application Process?
    Approvals within 24-72 Hours?
    No Hidden Fees Loan?
    Funding in less than 1 Week?
    Get unsecured working capital?
    Contact Us At :majidvijahlending@gmail.com

    LOAN SERVICES AVAILABLE INCLUDE:
    ================================
    *Commercial Loans.
    *Personal Loans.
    *Business Loans.
    *Investments Loans.
    *Development Loans.
    *Acquisition Loans .
    *Construction loans.
    *Business Loans And many More:

    LOAN APPLICATION FORM:
    =================
    Full Name:................
    Loan Amount Needed:.
    Purpose of loan:.......
    Loan Duration:..
    Gender:.............
    Marital status:....
    Location:..........
    Home Address:..
    City:............
    Country:......
    Phone:..........
    Mobile / Cell:....
    Occupation:......
    Monthly Income:....

    Contact Us At :majidvijahlending@gmail.com

    ReplyDelete
  45. Do you need Personal Loan?
    Business Cash Loan?
    Unsecured Loan
    Fast and Simple Loan?
    Quick Application Process?
    Approvals within 24-72 Hours?
    No Hidden Fees Loan?
    Funding in less than 1 Week?
    Get unsecured working capital?
    Contact Us At :majidvijahlending@gmail.com

    LOAN SERVICES AVAILABLE INCLUDE:
    ================================
    *Commercial Loans.
    *Personal Loans.
    *Business Loans.
    *Investments Loans.
    *Development Loans.
    *Acquisition Loans .
    *Construction loans.
    *Business Loans And many More:

    LOAN APPLICATION FORM:
    =================
    Full Name:................
    Loan Amount Needed:.
    Purpose of loan:.......
    Loan Duration:..
    Gender:.............
    Marital status:....
    Location:..........
    Home Address:..
    City:............
    Country:......
    Phone:..........
    Mobile / Cell:....
    Occupation:......
    Monthly Income:....

    Contact Us At :majidvijahlending@gmail.com

    ReplyDelete
  46. Very Usefull post you had posted check accountant boynton beach Service. please Visit:
    Accountant Boynton Beach
    Accountant Lighthouse point

    ReplyDelete
  47. HOW I GOT MY LOAN FROM DR PURVA PIUS LOAN FINANCE (urgentloan22@gmail.com)

    Hello Everybody,
    My name is Mrs Sharon Sim. I live in Singapore and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave me happiness to me and my family, i was in need of a loan of S$250,000.00 to start my life all over as i am a single mother with 3 kids I met this honest and GOD fearing man loan lender that help me with a loan of S$250,000.00 SG. Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs Sharon, that refer you to him. contact Dr Purva Pius,via email:(urgentloan22@gmail.com) Thank you.

    LOAN APPLICATION FORM:
    =================
    Full Name:................
    Loan Amount Needed:.
    Purpose of loan:.......
    Loan Duration:..
    Gender:.............
    Marital status:....
    Location:..........
    Home Address:..
    City:............
    Country:......
    Phone:..........
    Mobile / Cell:....
    Occupation:......
    Monthly Income:....

    Contact Us At :urgentloan22@gmail.com

    ReplyDelete
  48. Really amazing blog, I’d love to discover some extra information. bookkeepers port st lucie

    ReplyDelete