Information technology consulting company Wipro has been hit with a class action lawsuit, asserting it failed to properly classify its sales associates, allegedly causing them to be shorted overtime and other wages, and not reimbursing them for business-related internet and wireless expenses.
The lawsuit, filed in San Francisco Superior Cort by Javier Jiron on behalf of himself and other similarly situated employees, claims Wipro violated California Labor Code. Jiron, a sales representative, was allegedly misclassified as an exempt employee, not entitled to overtime pay.
"Throughout the entirety of his employment in California, Mr. Jiron functioned as a remote employee, adhering to a consistent schedule from Monday to Friday, spanning 7:00 a.m. to 7:00 p.m.," the suit says. "Mr. Jiron was never compensated for overtime hours worked. Defendant also failed to reimburse Mr. Jiron and other similarly situated employees for internet charges incurred for business related purposes. In addition, Mr. Jiron and similarly situated employees utilized their personal cell phones for business purposes but were not reimbursed for such usage."
The company also allegedly violated the California requirement of providing one meal break for employees who work more than five hours a day and another for those who work more than 10 hours, the suit contends.
"Defendants routinely fail and failed to permit, authorize and/or provide Plaintiff with meal periods in violation of all applicable Wage Orders, California Regulations and California Labor Code sections," the lawsuit states.
Employees were also not provided required rest breaks, the suit alleges.
"Defendants had and still have a uniform policy and practice of not providing employees with lawful rest breaks. Plaintiff did not receive timely and full rest breaks," Jiron alleges.
The suit seeks unpaid regular and overtime wages, plus liquidated damages, as well as an award of costs, interest, and reasonable attorney’s fees.
Jiron is represented by Matthew A. Haulk and Jose M. Herrera, of Haulk & Herrera LLP.
Jiron v. Wipro Ltd., San Francisco Superior Court, CGC-23-608621.