As this blog has discussed, it is important for employers, not only to make sure their workers get paid overtime, but that their overtime rate is properly calculated. If an employee receives any sort of commission or bonus, those need to be included when calculating the employee’s overtime rate of pay.
T-Mobile is currently facing a class-action lawsuit of call center employees who allege that their overtime was improperly calculated. The complaint, which was filed in the United States District Court in Nashville, was brought by six call center employees who worked in T-Mobile’s call center in Nashville, Tennessee and Colorado Springs, Colorado.
The complaint alleges that “T-Mobile violated the FLSA by failing to include several payments in their “regular rate of pay when calculating overtime compensation. Plaintiffs allege that this has resulted in the plaintiffs being routinely underpaid for overtime work. These payments include shift differentials, queue differentials, gross-up payments, and all non-cash bonuses and awards made in connection with T-Mobile’s incentive program for call center employees, such as Do More Get More, points at an in-house store, Inner Circle, and products.”
The complaint further alleges that T-Mobile call center employees have been required to perform work before the beginning of their shifts, after the end of their shifts, and during their legally mandated meal breaks. According to the lawsuit, these duties include “booting up computer programs, reading company emails and memoranda, etc.”
T-Mobile, on the other hand, denies that it requires or even permits hourly call center employees to work off-the-clock.
The plaintiffs encourage anyone who worked at a T-Mobile call center anywhere in the United States at any time since December 5, 2008 to join the class. The affected titles include Customer Service Representative, Customer Service Representative II, Retention Representative, Technical Support Representative, Financial Service Representative, Financial Care Representative, among other related occupations.
The Chicago and Illinois overtime attorneys at the Chicago Overtime Law Center are investigating unpaid overtime claims against companies such as T-Mobile who employee call center employees. We are investigating claims for call center employees for erasing or altering time sheets or time records, pressuring workers not to report or record overtime, and otherwise failing to pay call center employees for overtime and other wages. If you are the victim this practice call us at (312) 869-4095 or contact us online.
The Chicago unpaid overtime lawyers at the Chicago Overtime Law Center have decades of experience fighting for wage earner’s rights. We have a team of Chicago unpaid overtime attorneys who focus on nationwide class action lawsuits and work out of Chicago and Oak Brook offices and prosecute claims for workers all over the Chicago area including Schaumburg and Woodstock. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, McHenry Kane and Cook Counties.
Our Des Plaines and Evanston overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at (312) 869-4095 or through our online form.v