Google, LLC
No Company is Too Big to Play Fair.On December 22, 2021, a former Google, LLC account manager initiated a lawsuit alleging that the company failed to include all legally required compensation when calculating its hourly employees’ overtime rate of pay.
According to Complaint, Google, LLC paid Plaintiff and others similarly situated on an hourly basis and provided them with other compensation in the form of commissions and restricted stock units (a/k/a Google Stock Units). The problem, the Complaint alleges, is that Google, LLC failed to include the value of commissions and Google Stock Units when calculating the employees’ overtime rate paid for overtime hours they worked. The Complaint asserts that this omission gave Google, LLC the benefit of paying its hourly employees at a lower overtime rate of pay than the law requires.
The Complaint also alleges that Google, LLC breached its individual contract with Plaintiff when it capped his earned commissions under a so-called windfall provision, that Plaintiff alleges was not in the commission agreement he entered with the company.
The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act and class action under California state laws. The action seeks to recover unpaid overtime compensation and liquidated (double) damages for the workers impacted by Google, LLC’s alleged miscalculation of the overtime rate of pay.
Plaintiff is represented by Michele R. Fisher from Nichols Kaster, PLLP in Minneapolis, Minnesota, Daniel S. Brome from Nichols Kaster, LLP in San Francisco, California, and Charles L. Scalise from Ross Scalise Law Group in Austin, Texas.
This case is entitled Bowlay-Williams v. Google, LLC, Case No.: 3:21-cv-09942 (N.D. Cal.)
Frequently Asked Questions
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Q:Am I Eligible?
A:
You may be eligible to make a claim in this case if you worked for Google, LLC as an hourly employee anywhere in the country within the past three years, worked overtime hours (hours over 40 in a workweek), and were paid in commissions and/or restricted stock units that were not included in the overtime rate of pay Google, LLC used in calculating your overtime pay.
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Q:Is This a Class Action? What Does that Mean?
A:
This case is both a potential collective action under federal law and a potential class action under California state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.
Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. To proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate time asking the Court to grant these certifications.
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Q:Which Locations Are Included?
A:
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.
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Q:What Time Frame Does This Case Cover?
A:
There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid wages within two years of the worker signing up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that the company willfully violated the law, the statute of limitations may be extended to three years. California employees have a four-year statute of limitations.
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Q:Do I Have to Pay Anything?
A:
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.
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Q:How Do I Prove the Overtime Hours I Worked?
A:
We will seek records from Google, LLC of your hours worked and overtime paid. Companies have a legal obligation to keep that information.
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Q:What About Retaliation?
A:
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages.
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Q:How Long Will This Case Take?
A:
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Q:Is There Money Available Now?
A:
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.
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Q:How Can I Help?
A:
If you know anyone interested in making a claim for miscalculated overtime pay, they should contact the case clerk, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com. You can also direct them here to sign up electronically. There is strength in numbers.
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Q:How Do I Learn More?
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To learn more about this case, feel free to contact the case clerk, contact the case clerk, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com.
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