http://www.kentucky.com/news/local/story/1031192.html
EX-LEXMARK EMPLOYEES SUE LEXMARK-CORP
FOR $16Million.
Lexmark class-action suit nears final phase
Closing briefs will soon be filed in the damages phase of a
class-action lawsuit against Lexmark by its California employees.The
case involves vacation time and Lexmark’s use-it-or-lose-it policy that a
former employee claimed was against California law.In May, Los Angeles
Superior Court Judge Gregory Alarcon ruled the policy was indeed against
California law that “prohibits employer policies that require employees
to forfeit vested vacation and/or deny employees vacation wages to
which they are entitled upon termination.”According to the ruling,
Lexmark has employed 181 current and former workers in California from
its inception in 1991 to the present.The plaintiff, Ron Molina, and the
class are seeking more than $16 million in damages, said Sheila Thomas,
an attorney for the plaintiff.
Lexmark declined to comment on the
case but spokesman Jerry Grasso said it would likely appeal the
ruling.Molina also has an individual suit ongoing against Lexmark.
Thomas said Molina, a former salesman for the company, had his
commission structure retroactively changed, shorting him about
$100,000.A trial was held in the individual case, but a ruling has not
yet been issued.