Field Service Engineer Represented by Nichols Kaster Challenges Nova Measuring Instruments’ Decision to Deny Overtime Pay

On February 20, 2017, a Fair Labor Standards Act (FLSA) Complaint was filed in federal court in the Northern District of California against Nova Measuring Instruments Inc. ("Nova"). The named Plaintiff is a field service engineer who has been working for Nova since May 2015. His overtime claims are filed individually and on behalf of other "similarly situated" employees, including other field service engineers, metrology support engineers, and employees in similar positions who worked for Nova anywhere in the United States during the past three years. The Complaint alleges that despite complaints from its FSEs about working unpaid overtime hours, Nova willfully continued to deny them overtime pay by improperly classifying them as exempt from the FLSA's overtime protections. The Complaint alleges that in this position, the named Plaintiff and the other FSEs performed non-exempt work that includes installing, repairing, replacing parts, troubleshooting, servicing, and performing preventative maintenance on equipment manufactured by Nova. Nova pays its FSEs by salary only with no overtime compensation for the many overtime hours they regularly work. The Plaintiff seeks to recover unpaid overtime back wages and double damages.

Nova Measuring Instruments Inc. is the U.S. subsidiary of Nova Measuring Instruments Ltd., a company with global headquarters in Rehovot, Israel. Nova's U.S. headquarters is in San Jose, California. The company develops, manufactures and distributes metrology systems for process control that are integrated into process equipment tools, or used as stand-alone metrology platforms for the global semiconductor manufacturing industry.

Rachhana T. Srey, who represents the plaintiffs stated, "I have represented many field service engineers who do the same type of work as that the FSEs at Nova. These workers should be, and deserve to be, paid overtime pay for the long hours that they are required to put in day in and day out."

Plaintiffs are represented by Rachhana T. Srey and Daniel S. Brome from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case was filed in federal court in the Northern District of California, Court File No. 5:17-cv-00832.

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