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IBM Faces Second Overtime Suit

After reaching a $65 million settlement in November 2006 with a group of IT workers who claimed they didn't receive overtime pay, IBM Corp. is in the hot seat again facing similar allegations. But this time it's the company's salesmen crying foul.

On Feb. 6, Marc Barowsky, a former IBM salesman, filed suit against Big Blue alleging the computer giant failed to pay him and other sales employees for time they worked off the clock. Filed under the FLSA in the U.S. District Court for the Eastern District of Massachusetts, the claim seeks to recover unpaid overtime compensation, liquidated damages and statutory penalties.

The suit claims Barowsky routinely worked more than 40 hours per week without overtime compensation. The FLSA requires employers to pay covered workers overtime equal to one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per week.

IBM, which denied any wrongdoing when it reached the 2006 overtime settlement, again denies violating wage and hour laws.

"Mr. Barowsky's claims lack merit as the evidence in the case will demonstrate and IBM plans to defend its position vigorously," says Fred McNeese, spokesperson for the company.

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