Wipro has transferred Suri Payala, the employee who had filed a class-action lawsuit against the IT major in the US, to its office in Sarjapur, Bengaluru.

This, according to legal experts, could be against the labour laws of the State of California, where the suit was filed on March 30. The transfer may even prevent Payala from testifying in the US court.

But another legal expert said that Wipro can recall an employee if it deems fit. “If a person is not required onsite or if there is a replacement, a company is within its rights to recall an employee,” said Ramesh Vaidyanathan, founder of Advaya Legal.

An Indian national, Payala was a resident of California at the time of filing the case, according to a copy of the affidavit seen by BusinessLine .

E-mail, cell number active It was earlier believed that Payala had left the company. But he has been working at Wipro’s Bengaluru office since April 3. His e-mail ID is active in the company’s system as also his Bengaluru mobile number. At least three employees working with the company confirmed this to BusinessLine .

The complainant is now employed as an architect, and reports to the company’s Delivery Lead.

A Wipro spokesperson said the company does not comment on a pending litigation.

The charge In the class-action lawsuit, filed before the Superior Court of California, Suri Payala had accused Wipro of failing to compensate him and others for numerous overtime hours. The suit alleged that Wipro’s business model is “extremely profitable” as it does not pay its employees overtime for work in excess of 40 hours per week as required by California law.

Wipro, in a response to the court, said that in 2014 the lowest hourly rate that Payala earned in California was $34.28 per hour. This is less than the $40 per hour mandated by California law.

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