Hewlett-Packard was recently slapped with a class action lawsuit claiming the computer company had failed to pay technical support workers the proper wages for their overtime employee attendance as the result of misclassifications, according to attorneys at Lieff Cabraser Heimann & Bernstein, LLP. The lawsuit alleges that the company, and its smaller subsidiaries such as Autonomy, Electronic Data Systems (EDS), 3Co, ArcSight, Palm and 3Par, classified workers as exempt even though their job duties did not exclude them from coverage of the Fair Labor Standards Act (FLSA).

Individuals working as Technical Solutions Consultants, Technical Solutions Representatives, Senior Technical Support Engineers and Technical Support Engineers are included in this case. These employees were responsible for support work, hardware and software installation and maintenance.

"HP's success and substantial revenue come from the hard work and long hours of its technical support workers, who keep information technology infrastructure up and running," stated plaintiff Eric Benedict. "HP should not be allowed to underpay these workers in violation of the law."

If employees are filed under an incorrect classification, their employer could be ordered to pay back wages for unpaid time and attendance as well as penalties and interest for their noncompliance. 

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