IBM Faces Jury Over Unpaid Overtime Claim

A federal court has ruled that IBM must face a jury over a technical writer's claim of unpaid overtime. The worker, who was brought in by staffing firm Viva USA, claims he worked 1,000 hours off the clock without pay. According to his sworn account, IBM program managers controlled his schedule and assignments, capping him at a paid 40-hour week while assigning work that took far longer.

When he told a Viva representative about working 80 hours a week, the reply was 'If you want the job, just do it.' He invoiced 1,000 hours of unpaid overtime after being terminated in July 2021, but Viva did not pay. The court refused to throw out the case, finding that IBM and Viva could be treated as his true employers due to their control over his schedule and tasks.

The ruling highlights the importance of accurate timekeeping and a hard look at control rather than contract wording in determining an employee's status. It also serves as a cautionary tale for HR departments, reminding them that labeling someone a contractor or paying through a personal corporation does not settle their status.