T-Mobile USA Inc. Sued for Overtime Violations

Jul 15, 2009, 15:16 ET from Pelton & Associates PC

NEW YORK, July 15 /PRNewswire/ -- The law firm of Pelton & Associates PC announces that it has recently filed a class and collective action lawsuit against T-Mobile USA Inc., one of the nation's largest mobile phone companies with over 800 wireless stores and approximately 33 million wireless subscribers. The lawsuit was brought as a nationwide opt-in collective action consisting of all persons who are or were employed by T-Mobile USA Inc. from July 10, 2006 to date as retail sales associates and supervisors and who were not paid regular wages for all hours worked or overtime wages for hours worked in excess of forty hours per week. The Complaint also asserts New York State Labor Law claims on behalf of a class of New York employees who worked for T-Mobile from July 10, 2003 to date, as well as California Wage Law claims on behalf of a class of California employees who worked for T-Mobile from July 10, 2006 to the present.

The Complaint alleges that T-Mobile hired retail sales associates and supervisors who were required to work well over forty hours per week yet were not paid wages or overtime compensation for all of the hours that they were required to work. The Complaint alleges that these employees were issued T-Mobile smart devices and were required to review and respond to numerous T-Mobile-related emails and text messages at all hours of the day and night, whether or not they were logged into T-Mobile's computer-based timekeeping system. The Complaint also alleges that the employees were required to take and place T-Mobile-related telephone calls, participate on T-Mobile conference calls and to work "off the clock" during scheduled lunch breaks. The Complaint alleges that T-Mobile willfully violated the Fair Labor Standards Act, the New York Labor Law and the California Wage Law by failing to pay wages and overtime compensation and seeks an award of damages for such unpaid wages plus liquidated damages as provided by the FLSA.

Join this Lawsuit

As with all FLSA cases, the statute of limitations continues to run against all claimants until they join the lawsuit. As such, if you feel that you have worked for T-Mobile USA Inc. under similar circumstances and you would like additional information regarding this case, please contact Brent Pelton at (212) 385-9700 or visit www.peltonlaw.com.

SOURCE Pelton & Associates PC