T-Mobile USA Inc. is accused of underpaying on-call technicians by offering a flat rate for overtime that falls below legal standards, according to a collective action filed in Washington federal court.
A senior technician from the company’s Bellevue, Washington headquarters claimed in the lawsuit that T-Mobile provides an “on-call/call-out premium pay” for shifts outside regular hours, but this pay structure doesn’t comply with the Fair Labor Standards Act’s (FLSA) requirement for overtime at a time-and-a-half rate. The lawsuit argues that T-Mobile is either deliberately shortchanging workers or should be aware of its non-compliance.
The complaint states that the company’s actions are intentional, made in bad faith, and have caused significant financial harm to non-exempt hourly employees, with damages to be determined at trial.
The lead plaintiff in this case has worked at various T-Mobile locations in Florida for the past decade in an overtime-eligible position, according to the complaint. The lawsuit states that his typical work schedule includes shifts of eight or more hours for five or more days a week.
When the plaintiff and other employees work beyond their standard weekly hours, T-Mobile allegedly provides a flat-rate bonus of approximately $30 for each extra shift. However, the company treats this bonus as equivalent to one additional hour of work when calculating the regular rate and overtime pay, the lawsuit claims.
Since Plaintiff’s regular hourly rate is $41, the lawsuit claims he is being undercompensated for overtime work. Under the FLSA, overtime pay must be calculated at time-and-a-half based on his actual hourly wage.
The plaintiff seeks to represent all current and former non-exempt, full-time hourly T-Mobile employees in the U.S. who received a flat-pay bonus for at least one on-call shift during the three years before the lawsuit was filed, continuing through the case’s resolution. The lawsuit seeks collective certification to notify potential opt-in employees, as well as back pay, damages, and a finding that T-Mobile’s actions were willful.
If you’re a T-Mobile employee or someone facing similar pay practices, consult with an attorney today to recover the wages you’ve rightfully earned. Fitapelli & Schaffer offers free consultations, and our experienced attorneys will guide you through every step to ensure you’re receiving fair compensation.