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Cellular Retailer Accused Of Withholding Overtime Pay

A former T-Mobile employee has accused the store chain of failing to pay workers their full wages and overtime pay. A class action lawsuit has been filed in New York accusing the company of violating New York's wage laws. The lawsuit has been subsequently removed to federal court. The class includes customer service representatives, assistant store managers and store managers in New York state locations since May 2012.

The employee reported she worked longer than her normal shift and did not get paid based on the hours she worked or for overtime worked. The suit claims the T-Mobile location would "shave" time from employee time sheets to take them below 40 hours.

This is the second time the company has been hit with a similar lawsuit in the last several years. A 2016 lawsuit alleged that the company forced employees to regularly work without pay or breaks. The suit, which was filed in Illinois, accused the company of forcing employees to work before they clocked in, after they clocked out and during their break. This matter was settled in May for $600,000.

The current suit is alleging violations of New York labor law sections dealing with overtime, unpaid wages, and uniform costs. In addition to violating state laws, it is likely that T-Mobile violated portions of the Fair Labor and Standard Act (FLSA). The FLSA established minimum wage and overtime standards requiring that employees be paid one and a half times the regular rate for any time worked over 40 hours.

If you believe your employer has withheld overtime wages, contact our office for a free consultation.

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