Carvana Owes Verification Advocates Unpaid Wages for Off-the-Clock Work, Lawsuit Alleges

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A proposed class and collective action claims Carvana, LLC has failed to pay verification advocates for off-the-clock time spent preparing for each shift.

The 14-page lawsuit alleges the online car retailer requires verification advocates, who are responsible for helping customers select cars, guiding them through the verification process and resolving account issues, among other tasks, to review underwriting materials and messages prior to the start of each shift. Although employees typically spend 30 to 40 minutes preparing to take their first call, they are not paid for this off-the-clock work, the case claims.

Per the suit, verification advocates are owed unpaid regular and overtime wages for their pre-shift work in accordance with the Fair Labor Standards Act and Arizona state law.

The plaintiff in the case says she worked for Carvana as a verification advocate from January 2021 to August 2022, and was typically scheduled for 40 hours of work per week.

According to the complaint, the plaintiff usually spent several hours each week performing unpaid off-the-clock work prior to the start of each shift because she was required to review “numerous materials” in order to stay up to date on the requirements of underwriting.

The lawsuit argues that this preparation time was an “integral part” of verification advocates’ work given they cannot perform their jobs without underwriting expertise and were expected to begin taking calls as soon as their shifts started.

The case claims the plaintiff and other verification advocates are owed compensation—either overtime or regular wages—for two-and-a-half to three hours of work per week due to Carvana’s failure to accurately record their hours and pay them appropriately.

The lawsuit looks to represent current and former verification advocates who worked for Carvana within the last three years, and those who worked for Carvana in Arizona, specifically, at any time since September 29, 2019.

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