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National Collective Action Seeks Overtime from Lockheed Martin Government Services, Inc.

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Case ID: 3488 | Employment | 06/21/2004

A national collective action has been filed in Washington D.C. against government contract giant, Lockheed Martin Government Services, Inc. The action is brought on behalf of all current and former employees who were employed as computer installers or provided computer support services to the U.S. government and who since May 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act as well as D.C. labor laws and seeks back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action under federal law, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members.

According to employees, Lockheed Martin has intentionally withheld overtime pay from them. The employees claim that Lockheed Martin required them to work in excess of 40 hours per week on a regular, weekly basis. However, according to employees, the company has no provisions in place to properly compensate employees for hours worked in excess of 40 per week, electing to pay employees “straight time” for these hours. Under the Fair Labor Standards Act, as well as D.C. labor laws, all "non-exempt" employees are entitled to a minimum of time and a half for all hours worked in excess of 40 per week. "Non-exempt" employees are generally those that work on an hourly basis and do not have managerial or executive responsibility. The employees claim, despite the fact that they were paid on a salaried basis, they fit the definition of "non-exempt" employees and are therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The employees also claim that because Lockheed Martin's refusal to pay overtime was willful and intentional, they are entitled to an equal amount of liquidated damages.


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