LEIDOS TRANSLATORS MAY BE ENTITLED TO OVERTIME, DOUBLE TIME, AND LABOR CODE PENALTIES

Our law firm believes California translators for Leidos were misclassified as independent contractors. This belief is bolstered by the fact Leidos is now asking their translators to come onto cases as employees. Moreover, many of Leidos’ competitors pay their translators as employees.

Leidos translators worked many shifts of more than eight hours in a day thereby entitling them to overtime if they were employees. Our law firm’s review of many translators’ time sheets also indicates they worked more than twelve hours in a day thereby entitling them to double time pay. Our investigation further revealed the translators performed certain services off-the-clock and were not paid for those services.

A number of Leidos’ translators hired our law firm to file a lawsuit to collect money due to them on the basis of their misclassification. We have reviewed the situation of many others who have contacted us and may soon come into the lawsuit as plaintiffs.

Lead Counsel on the case, Karl Gerber’s preliminary analysis is the individual damages of the misclassified translators are substantial enough that it is within their best interests to be individual plaintiffs in the lawsuit. Besides mere overtime and double time a number of California Labor Code violations may bring substantial penalties and interest.

For more information on the Leidos misclassification, Labor Code violation case please contact Karl Gerber directly at (619) 320-3000 or locally at (619) 320-3000 between 9:00 AM and 6:30 PM.

FOR INFORMATION ON WAGE AND HOUR LAW NOT PERTAINING TO THE LEIDOS CASE CLICK HERE

DEPARTMENT OF LABOR REMEDIES ARE LIKELY TO BE INADEQUATE

We have confirmed the United States Department of Labor is investigating Leidos over their misclassification of translators. The Department of Labor representative has refused to confirm whether Leidos is in settlement talks with the Department of Labor over the misclassification issue. One interpretation of Gerber’s exchange is the Department of Labor is merely investigating and is therefore raising its investigatory privilege in saying they cannot confirm or deny the existence of settlement negotiations with Leidos. We caution Leidos’ translators not to rely on rumors and speculation about what might be happening with the Department of Labor.

It is our advice translators independently sue and not wait for Department of Labor action. First of all, it cannot be confirmed any settlements will be offered by Leidos through the Department of Labor investigation. Second, the Department of Labor is not pursuing the remedies being pursued in the case our firm is pursuing, or another private law firm would pursue. The Department of Labor is relying on Federal laws that have limited statutes of limitation. Besides the limitation on how far the Department of Labor can go back, they are not suing for California Labor Code violations which carry substantial penalties. We further feel it is our obligation to warn Leidos employees that by waiting for an unconfirmed settlement that may never happen statute of limitations are expiring which means every day that goes by they potentially lose the ability to sue for part of the misclassification/overtime/double time issues. Finally, we believe the sums the Department of Labor might negotiate will be vastly inferior to recoveries in a California action.

THE LEIDOS LAWSUIT

The lawsuit our firm filed alleges overtime and double time violations going back four years from the date of the lawsuit’s filing. The lawsuit pleads for penalties under California Labor Code Section 226 for each check that failed to itemize the number of hours worked, and at what rates of pay. California Labor Code Section 203 penalties are pled for 30 days of pay for each day all wages were not paid after the plaintiffs were released from work. Other than potential Private Attorney General Penalties we began exhausting administrative remedies on February 3, 2017,the lawsuit only protects those employees who are actual plaintiffs.

Who can be in the Leidos lawsuit? Any California employee who was misclassified as an independent contractor and worked overtime and/or double time within the last four years can be in the lawsuit. The lawsuit does not have to be limited to work done in San Diego County. For example, if there are many translators who worked and live in Los Angeles County it may be appropriate to file a lawsuit for them in Los Angeles County. The same for the Bay Area. Some employees worked more overtime and/or double time than otters, or for longer periods of time. Because we are representing so many employees on the same issue we are willing to represent employees who may have smaller claims than some of the others we are handling.

One of the purposes of this article is to clarify several issues. One, we feel too many rumors are circulating about what the Department of Labor is doing. Two, we are receiving many inquiries from Leidos employees trying to find out what is going on with the lawsuit we filed and the Department of Labor. Three, we would prefer Leidos employees to call our law firm directly opposed to sending emails, or calling other plaintiffs and prospective plaintiffs about what might be going on. We feel your best advice is direct access to Lead Counsel, Karl Gerber on the telephone at (619) 320-3000 or locally at (619) 320-3000.

• This article was written February 8, 2017 and only covers issues known to our law firm as of the date of this writing. Please do not rely on this article for legal advice. Understanding how an employee’s rights are affected can only occur through direct communication with an experienced employee labor lawyer, and the review of documentation.