NEW OVERTIME LAWSUIT FILED AGAINST COLLINS MOBILE, LLC (T-MOBILE) FOR MEAL DEDUCTION AND OTHER DEDUCTIONS TO TIME
Coffman Legal’s FLSA Overtime Attorneys filed a Collective and Class Action Lawsuit against Collins Mobile, LLC (a partner with T-Mobile that opens and operates T-Mobile retail locations throughout the Midwest) for allegedly instituting an automatic meal deduction policy with no genuine mechanism to reverse the meal deduction and for improperly modifying time records to reduce compensable time worked. Both policies or practices resulted in not accurately or fully paying employees for their hard-earned wages and overtime pursuant to FLSA. We have previously blogged about automatic meal deductions here.
On April 20, 2020, the law firm of Coffman Legal, LLC filed a Collective and Class Action Complaint against Defendant Collins Mobile, LLC (“Collins Mobile”) on behalf of Collins Mobile’s Mobile Experts, Store Team Leads, and other similarly situated employees, for the alleged failure of Collins to properly compensate its employees for all wages and overtime wages they earned in violation of the Fair Labor Standards Act (“FLSA”).
The Complaint alleges that Collins Mobile instituted an automatic thirty (30) minutes meal deduction for its employees, whether the employees actually took a bona fide meal break or not. Under the FLSA, employers should only deduct a meal break if the employees have a bona fide meal period – fully uninterrupted by work. In order for the meal break to constitute a bona fide meal period under the law, employees must be completely relieved of their job duties. Employers are also required to accurately record working time to ensure employees they are being paid for all time worked.
The Complaint alleges that employees at Collins Mobile would often be unable to take a meal break or would otherwise have their meal breaks interrupted by work. If these employees were unable to clock out of work for thirty (30) minutes for their meal break, the Complaint alleges Collins Mobile would modify the employees time records to make it appear they were clocked out for thirty (30) minutes. In addition, Collins Mobile managers manually modified employees’ time punches and compensable time worked in order to avoid paying overtime.
Collins Mobile’s conduct resulted in employees not being compensated for all hours and overtime worked in violation of the FLSA. The lawsuit seeks unpaid overtime wages since April 20, 2017, liquidated damages in an amount equal to the unpaid overtime, attorney’s fees, and costs, among other things.
The lawsuit was filed in the U.S. District Court for the Southern District of Ohio, Eastern Division (Columbus) and is titled Baker, et al v. Collins Mobile, LLC, Case No. 2:20-cv-1996.
Additional information about the collective and class action against Collins Mobile may be found by contacting our office by calling 1-614-949-1181 or emailing firstname.lastname@example.org. If you have any questions about whether you are being provided a bona fide meal break or whether you are properly being paid for all of the compensable hours you work, then contact our office today to speak with our Overtime Attorneys regarding any wage and hour issues.