Sun Microsystems sued in overtime class action
Technology giant Sun Microsystems, which makes software, servers, and other technical products, is being sued by its technical writers for overtime wages in Santa Clara county.
Although Sun’s technical writers may earn $100,000 annually, they are still challenging their company’s labor policies and are demanding for overtime pay.
Lead plaintiff Dani Hoenemier claims she put in as much as 60 hours a week Sun when the company released new products.
In 2006, Hoenemier resigned from Sun. The company allegedly told her to improve her performance after she complained about not being paid overtime.
The class period starts in 2002 and the class action lawsuit is pursuing millions of dollars in compensation on behalf of almost 300 technical writers.
Sun argued back with the reasoning that their technical writers are well-paid, professionals who are legally excluded from overtime rules because they are highly skilled, work independently and meet other criteria stated in the law.
According to Hoenemier’s attorney, Aaron Kaufmann of Walnut Creek, Sun could stand to lose approximately $20 million in back pay.
In 2000, California implemented a controversial legislation that exempted “computer professionals” such as software developers from requiring overtime pay if they worked over 40 hours a week or 8 hours a day.
Kaufmann argues that technical writers should not be considered as exempted from overtime pay.
However, it was reported that many of the writers refuse to be seen as hourly workers and have declined to be included in the lawsuit. Sun has fought back in court with the reasoning that this should not be a class action because technical writers do not all have the same duties.
Superior Court Judge Jack Komar disagreed with Sun but he also, Hoenemier’s lawyers to look for a second employee willing to be a co-plaintiff in the case.
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