SAN FRANCISCO – Flextronics and Solectron are being sued for allegedly violating federal and state labor laws governing overtime pay. The suit alleges the EMS companies paid employees by their shift time, rather than for time actually worked.

The lawsuit seeks damages related to violations of the federal Fair Labor Standards Act and other state laws. The lawsuit was brought by four assembly, repair and technician employees who worked for the defendants in California, North Carolina and Kentucky.

The suit was filed Dec. 19, by the law firm of Nichols, Kaster & Anderson on behalf of current and former employees of Flextronics International USA Inc. and Solectron Corp.

According to a press release, the lawsuit alleges that Flextronics and Solectron violated the federal Fair Labor Standards Act and corresponding state laws by paying employees by their shift time, rather than the time actually worked. The suit also alleges that the defendants did not compensate employees for the time they spent putting on and taking off protective gear such as smocks, wrist straps and ankles straps, and the time employees spent going through ESD testing.

The action was a nationwide collective action on behalf of the plaintiffs and others similarly situated, as well as a class action in California and Kentucky.

The plaintiffs' attorney, Jessica Clay, said in a statement, "These corporations required their employees to arrive at work early in order to put on special protective gear and go through ESD testing. Although these activities were solely for the benefit of the employer, Solectron and Flextronics did not compensate their employees for this time. As a result, we believe that non-exempt employees of Solectron and Flextronics across the country were wrongfully denied overtime pay for the hours they worked."

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