SAN FRANCISCO – A Fremont business and its owner and a director are facing allegations they misclassified their employees to avoid paying overtime wages.
U.S. Secretary of Labor Thomas E. Perez filed a complaint on July 22 in the U.S. District Court for the Northern District of California against Somasoft Solutions Inc., Sreenivasa Munukutla and David Martinez alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that the defendants' employees were not paid any overtime compensation for all the hours they worked. The plaintiff holds Somasoft Solutions Inc., Sreenivasa Munukutla and David Martinez responsible because the defendants allegedly misclassified their employees as independent contractors in order to avoid paying them any overtime premiums for the hours they worked in excess of 40 and also allegedly terminated any employees who complained of not being compensated for overtime.
The plaintiff seeks to permanently enjoin and restrain the defendant, unpaid wages plus liquidated damages, compensatory damages, punitive damages, all legal fees and any other relief as the court deems just. He is represented by Janet M. Herold, Susan Seletsky and Nancy E. Steffan of United States Department of Labor in Los Angeles.
U.S. District Court for the Northern District of California Case number 4:16-cv-04133-KAW