Sharer v. Tandberg, Inc.
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Sharer and Law, bother former employees of Tandberg who were suing the company for unpaid and lost wages, were granted leave by the Court to contact other potential collective action members whose wages the company may have unlawfully withheld.
Summary of Filed Complaint
Tandberg changed its payroll system in such a way that prevented its employees from being paid for more than eight hours in a work day. At the same time, the company would dock its employees’ pay when they worked less than eight hours in a day. These practices are unlawful under the FLSA where, as in the case of Law and Sharer, employees are considered “exempt” but not paid on a salary basis.
What Happened in Court
Sharer and Law worked for Tandberg for about three years. In January 2006, Tandberg changed its payroll system, requiring employees to use vacation hours if they worked less than an eight hour day. If the employees did not have any vacation time available, they were subject to “partial-day docking.” Tandberg considered Sharer and Law as “exempt” employees, despite the fact that they were not paid on a salary basis. Conversely, Tandberg refused to permit Sharer and Law to be paid for any work in excess of eight hours per day, TELG successfully argued for the right of Sharer and Law to provide notice of the suit to similarly situated Tandberg employees.