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Vault Message Board: Accounting

Topic Name: Overtime Class Action for Associates
Message Name: Overtime Class Actions
Date Posted: 04/04/2008
Message: I am a class action lawyer in California and my firm is currently prosecuting class actions lawsuits on behalf of associates accountants employed by accounting firms who do not pay overtime. We have filed cases against both PriceWaterhouse Coopers as well as smaller accounting firms. It is our position that due to the oversight and control exercised over associates by partners and managers, that associates cannot "customarily and regularly exercise independent discretion and judgment" on matters of significance. This is a requirement for an employee to be properly classified as "exempt" from receiving overtime. Additionally, it is our position that in many states a CPA is required in order for an accountant to be properly classified as exempt. Recently we were able to obtain class certification in a case against PriceWaterhouse Coopers. However, the class representatives in that case were only employed as associates in audit in California. Therefore, the class does not include senior associates, anyone employed in tax, or anyone who was employed outside of California. As part of our investigation of these cases, we are very interested in speaking with anyone who in the past four years was employed as an unlicensed associate, was classified as exempt, and was not paid overtime. This includes associates employed both outside and within California. If you are interested in speaking with us, we can be contacted at Stalley@kcrlegal.com.

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