Ex-worker sues GloFo, alleges unpaid OT

Saturday, April 20, 2013
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— A former employee is accusing GlobalFoundries of forcing its employees to work overtime while refusing to pay them for it and even demanding they work on vacation.

In a class action complaint filed Thursday against the chip manufacturing giant, David Falvo, of Caroga Lake, alleges that he and more than 100 other employees across New York regularly worked more than 40 hours a week but never received overtime pay required by both federal and state labor law.

The suit names GlobalFoundries U.S., Inc. and GlobalFoundries Americas, Inc., both of which are headquartered in California and have a fabrication plant in Malta, Saratoga County. Falvo alleges the violations occurred from August 2010 through March 2012 when he was employed as an information technology worker at the Malta plant. None of the employees are represented by a union.

GlobalFoundries spokesman Travis Bullard said, “As a matter of policy, we don’t comment on pending legal matters.”

Among the 16-page complaint’s more critical accusations, Falvo cites an April 2011 email that Director of U.S. Operations Sean Kristaferu sent U.S. employees. It said, according to the complaint, that GlobalFoundries doesn’t pay for work performed outside of the office, but still expects employees to perform work outside of the office.

“GlobalFoundries also instructed workers not to record all hours worked and did not provide a mechanism to record work performed outside of the office,” the complaint said. The company and its supervisors allegedly told employees they were expected to work and review emails while on vacation without any compensation, and required employees who were out of the office to participate in phone conferences, causing them to work overtime without pay.

In addition, Falvo said GlobalFoundries never included non-discretionary bonuses when calculating overtime pay for employees and didn’t maintain accurate timekeeping records — in violation of the Fair Labor Standards Act of 1938 and New York Labor Law.

“GlobalFoundries maintained a uniform policy and/or practice of willfully failing to pay employees for all overtime hours worked outside of the office, including travel time, and failed to account for the non-discretionary bonuses paid when calculating wages due for overtime work,” the complaint summarized. “GlobalFoundries did not pay overtime to employees at a rate of time and one-half for all hours worked above 40 in a work week, failed to pay them overtime on a timely basis, failed to pay them for travel time, and failed to account for the non-discretionary bonuses paid when calculating wages due for overtime work.”

The suit was filed jointly in U.S. District Court in the Northern District of New York in Albany by Rye Brook firm Klafter Olsen & Lesser LLP and White Plains firm Denlea & Carton LLP.

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