The judge in the case said that ex-IBMer Tom Chau cannot sue IBM for back wages because, in Chau's "claims are barred by the plain language of a valid and
enforceable general release and covenant not to sue," said California
federal court judge Maxine Chesney, in a decision handed down earlier
this month.
IBM paid Chau, who worked in a sales position, $9,681 when he left the company in 2004, court records show.
Chau filed a class action suit against IBM earlier this year,
arguing that Big Blue was flouting California labor laws by purposely
misclassifying sales workers as managers to avoid paying them overtime.
Chau claimed he was forced to work more than 40 hours per week
without extra compensation and was not given mandatory rest breaks, as
required by California law.
Despite Chesney's ruling, IBM isn't out of the woods when it comes to such claims. The company still faces at least two similar lawsuits filed by IBM workers in California. IBM has denied that it purposely withheld overtime from sales reps.
IBM last year agreed to pay $65 million to more than 32,000
technical workers to settle similar charges. In 2005, government
outsourcer Computer Sciences Corp. agreed to pay $24 million to settle
overtime claims brought by some of its workers.



| InformationWeek Marketplace (Sponsored Links) |
PNC Bank seeking Application Systems Manager II in Pittsburgh, PA
Associated Electric Cooperative, Inc. seeking .Net Developer in Springfield, MO
ITT Corporation seeking Manager, IT Business Systems in Fort Wayne, IN
Agilent seeking IT Services Manager in Santa Clara, CA
Champion and Partners Ltd seeking IC Chip Architect in London, GB
For more great jobs, career-related news, features and services, please visit our "Career Center.
| InformationWeek Marketplace (Sponsored Links) |
NOTE: Offer valid for U.S., U.S. possessions, & Canada only
