Computer programmer sues for overtime compensation

Michelle Massey, East Texas Bureau Nov. 8, 2010, 4:33am

SHERMAN-A computer programmer has filed a lawsuit against her employer which argues she was improperly classified as an exempt employee and has not received any overtime compensation pay.

Arguing violations of the Fair Labor Standards Act, Cherie Ross filed suit against Dell Marketing on Oct. 21 in the Eastern District of Texas, Sherman Division.

Ross states she was hired on Sept. 11, 2000, by Dell to work as a programmer/analyst.

However, she states that despite her official job title, she is actually working as a payroll mainframe support technician. Ross states she does not supervise any employees, nor have the ability to exercise discretion regarding significant matters. She states her job involves mainly receiving data from Dell Marketing's clients and utilizing programs to prepare paychecks, execute direct depositions, make retirement contributions and other tasks.

The employee claims she has not been paid at least time-and-a-half for any hours worked in excess of 40 hours a week. She argues the defendant willfully misclassified her position and required her to work in excess of 40 hours per week.

The defendant is accused of violating the Fair Labor Standards Act.

The plaintiff is asking the court to award all unpaid compensation, including unpaid overtime, liquidated damages, attorneys' fees and costs.

Ross is represented by Robert J. Wood Jr. and Gregory B. Fell of Fell & Wood in Richardson. Jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10-cv-00564

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