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About These Lawsuits...


 

ABOUT These Lawsuits . . .

On December 11, 2006, a class action lawsuit was filed against Deloitte & Touche LLP and Deloitte Tax LLP (D&T), on behalf of all D&T Lead Tax Associates and Seniors in California ("Lead Tax Lawsuit").  The Lead Tax Lawsuit challenges D&T's practice of forcing some of its "salaried" LEAD TAX employees (TAX ASSOCIATES and TAX SENIORS) to work in excess of 8 hours per day or 40 hours per week without overtime compensation.  The suit alleges that D&T improperly classified its LEAD TAX Tax Associates and Tax Seniors as "exempt" employees in order to avoid paying statutory overtime.  Per California's Industrial Welfare Commission, Wage Order No. 4-2001 , “Professional, Technical, Clerical, Mechanical and Similar Occupations” (Wage Order), employees who do not function primarily in an administrative, executive or professional capacity (as those terms are defined by the Wage Order) are NOT EXEMPT and MUST BE PAID for any OVERTIME worked.

On November 4, 2008, CYRUS WONG filed a lawsuit against Deloitte & Touche LLP and Deloitte Tax LLP (D&T), on behalf of himself and all others similarly situatedin this case, a CLASS ACTION lawsuit on behalf of D&T's "salaried" MULTISTATE TAX employees (TAX ASSOCIATES and TAX SENIORS) who were (or are) forced to work in excess of 8 hours per day or 40 hours per week without overtime compensation.  Like the Lead Tax Lawsuit, Mr. Wong's suit alleges that D&T improperly classified its MULTISTATE Tax Associates and Tax Seniors as "exempt" employees in order to avoid paying statutory overtime. 

The Lead Tax Lawsuit complaint states, "Although [Deloitte & Touche] should have compensated [the] Tax Associates and Tax Seniors at the rate of one and one-half (1½) times their regular hourly wage for all hours worked in excess of eight (8) hours per workday or forty (40) hours per workweek and double their regular hourly wage for all hours worked in excess of twelve (12) hours per workday or in excess of eight (8) hours on the seventh workday of the week during the alleged statutory periods, they were instead compensated by a straight annual salary, regardless of the number of hours worked."  The Lead Tax plaintiffs believe that there are hundreds of current and former LEAD TAX D&T employees who, like themselves, were paid a straight "salary" even though they worked hundreds of hours of overtime.  They believe that each person in that situation is entitled to $25,000 or more in overtime pay.  And, likewise, Mr. Wong believes that there are numerous MULTISTATE TAX D&T employees who are entitled to similar compensation for the unpaid overtime that they were forced to work. 

In preparation for class certification motions that are in process or will be filed in the future, the Lead Tax plaintiffs and Mr. Wong are asking you to help them investigate the claims on behalf of the class members by completing the online questionnaire here on this site.   Although you are not at all required to do this, your completion of the online questionnaire will do two things: 1) it will identify you as a potential member of one of the classes, and 2) it will help us investigate and determine the extent of these alleged unlawful and unfair practices for the Court's consideration.

If this is all sounding very familiar to you, chances are excellent that you may be a member of one of these two classes and we would really like to hear from you as soon as possible.  And to put your mind as ease, REMEMBER it is against the law for D&T to retaliate against any current or former employees who complete these online forms, join the class, or exercise their legal rights with regard to the practice of unpaid overtime.  Do yourself and the "class" a favor by completing the short questionnaire today and help SPREAD THE WORD  to anyone else you know who is similarly situatedIf you would prefer to fill out and mail a hard copy of the questionnaire to our office, please email us  and we will send you a PDF.