Bowlay-Williams v. Google, LLC
Case No.: 3:21-cv-09942 (N.D. Cal.)
A former employee of Google, LLC has taken legal action, claiming the company did not include all necessary compensation when determining the overtime rate of pay for its hourly workers.
The lawsuit, filed on December 22, 2021, states that while Google, LLC paid the plaintiff and others similarly situated on an hourly basis, they also received additional compensation in the form of commissions and restricted stock units. However, the complaint alleges that the company did not factor in the value of these additional forms of compensation when calculating the overtime rate, resulting in a lower rate of pay than required by law.
The complaint also accuses Google, LLC of breaching an individual contract by capping earned commissions through a provision the plaintiff claims was not in their commission agreement.
The lawsuit is being filed as a putative collective action under the federal Fair Labor Standards Act and a class action under California state laws, seeking unpaid overtime compensation and double damages for those affected by the alleged miscalculation of overtime pay.
Plaintiff is represented by Charles L. Scalise from Ross Scalise Employment Lawyers in Austin, Texas, Michele R. Fisher from Nichols Kaster, PLLP in Minneapolis, Minnesota, and Daniel S. Brome from Nichols Kaster, LLP in San Francisco, California.
Am I eligible?
If you were an hourly employee of Google, LLC within the past three years, worked overtime hours, and received commissions and/or restricted stock units that were not factored into the overtime rate used to calculate your pay, you may qualify to participate in the legal action related to this case. Please reach out to case manager Jon D. Rankin at (512) 379-5981 or firstname.lastname@example.org to confirm if you are eligible.
Is this case a Class Action?
This legal case has the potential to proceed as both a collective action under federal law and a class action under California state law.
This means that the process of joining and participating in the suit may vary depending on the nature of your claim. However, the underlying concept of both types of actions is the same: one or more individuals can file a lawsuit on behalf of themselves and others with similar claims.
In order for the case to proceed as a group, the court must first certify the class and collective. At this early stage in the case, this process has not yet begun, but the intent is to seek the company’s agreement or file the necessary motions to request court approval for certification at the appropriate time.
Which locations are included?
This case seeks to include all hourly employees who received commissions and/or restricted stock units who work or have worked for Google, LLC anywhere in the country within the past three years. It also seeks to include people who worked for the company in California within the past four years.
How do I make a claim?
In order to make a claim, you must sign a Consent Form.
What timeframe does this matter cover?
Workers have a limited time frame, known as the statute of limitations, to recover unpaid wages under federal law, which is two years from the date the worker joins the lawsuit by completing and submitting the consent form. However, if it can be shown that the company acted knowingly and deliberately against the law, the statute of limitations may be extended to three years. Under California law, the statute of limitations for unpaid wages is four years.
Do I have to pay anything?
You do not have to pay anything if you make a claim in this case. We are handling the case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
How do I prove if I worked overtime?
We will assist you with your claim even if you do not have records. If you have records of the hours you worked, please preserve and keep them until we ask you for them. We will seek records from Google, LLC of your hours worked and overtime paid. Companies have a legal obligation to keep that information.
Can I be retaliated against for making this claim?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for Google, LLC and you believe you may be the victim of retaliation, contact the case agent, Jon D. Rankin at (512) 379-5981 or email@example.com immediately.
How long will this take?
The length of these matters varies but can typically last one to three years.
Is there money available now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
How can I help?
There is strength in numbers so please spread the word. If you know of anyone interested in making a claim, they should contact the case agent, Jon D. Rankin at (512) 379-5981 or firstname.lastname@example.org to sign up. They can also complete our online Consent Form and we will be in touch.
I have additional questions.
To learn more, feel free to contact the case agent, Jon D. Rankin at (512) 379-5981 or email@example.com.
December 23, 2021
Google, LLC Employee Lodges Putative Class and Collective Action for Deflated Overtime Rate of Pay
A former account manager at Google, LLC has filed a lawsuit on December 22, 2021, claiming that the company did not include all legally required compensation when calculating the overtime rate of pay for its hourly employees. The complaint states that the company paid the plaintiff and other similarly situated employees on an hourly basis, but also provided them with additional compensation in the form of commissions and restricted stock units (Google Stock Units).
The issue, as alleged in the complaint, is that the company did not factor in the value of these additional forms of compensation when determining the overtime rate, resulting in a lower rate of pay than required by law. The complaint also claims that Google, LLC violated an individual contract with the Plaintiff by capping earned commissions through a provision that the Plaintiff argues was not in the commission agreement.
The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act and a class action under California state laws. The goal of the action is to recover unpaid overtime compensation and double damages for workers affected by Google, LLC’s alleged miscalculation of the overtime rate of pay.
According to attorney Michele R. Fisher of Nichols Kaster, PLLP, “Generally, the law requires employers to include all forms of remuneration when calculating the overtime rate of pay for their workers. While there are some exceptions, it is our position that Google, LLC’s failure to include the value of commissions and restricted stock units in the overtime rate of pay is a violation of federal and state law. We believe this issue may impact many hourly employees across the country who worked overtime hours and received commissions and/or restricted stock units in addition to their hourly rate of pay.”
Google, LLC is a subsidiary of Alphabet, Inc., an American multinational technology conglomerate. The company specializes in internet-related services and products, including online advertising technologies, search engines, cloud computing, software, and hardware.
Plaintiff is represented by Charles L. Scalise from Ross Scalise Employment Lawyers in Austin, Texas, Michele R. Fisher from Nichols Kaster, PLLP in Minneapolis, Minnesota, and Daniel S. Brome from Nichols Kaster, LLP in San Francisco, California. The case is Bowlay-Williams v. Google, LLC, Case No.: 3:21-cv-09942 (N.D. Cal.).
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