A former Digital Intelligence Systems, LLC employee claims in a lawsuit that he and other non-exempt workers are owed unpaid minimum and overtime wages, compensation for unused breaks and vacation time, and reimbursement for business expenses.
The plaintiff says he performed work for Digital Intelligence Systems, a temporary staffing and information technology consulting company, and co-defendant T-Mobile, USA Inc. as a technical recruiter between August 2018 and June 2019. According to the 23-page case, the plaintiff and other workers were often forced to work through statutory meal and rest breaks. The plaintiff claims his 30-minute lunch breaks were “regularly interrupted” and rarely lasted the full 30 minutes. Moreover, the man claims employees “almost never” received proper 10-minute rest periods every four hours of work as required by California law.
“On occasions when Plaintiff and other employees took rest breaks, they were regularly untimely, interrupted, less than ten minutes, and/or on duty,” the complaint states.
The lawsuit argues that the defendants owe workers minimum and/or overtime wages for time spent working during breaks, as well as one hour’s worth of wages at the employees’ regular rates of pay for each day in which a proper break was not taken.
The suit goes on to allege that employees were not paid proper minimum wages for off-the-clock work nor overtime when they worked more than 40 hours per week or eight hours per day. For workers whose employment ended, the defendants failed to pay out unused vacation days, according to the lawsuit.
Lastly, the case claims the plaintiff and other non-exempt workers did not receive reimbursement for business expenses, including the use of their home internet connection and/or personal cell phones for business-related purposes.
The lawsuit looks to certify a proposed class of current and former non-exempt employees who worked for Digital Intelligence Systems in California any time within the past four years and until the case is resolved, as well as two proposed subclasses of those whose employment ended and those who were assigned to work for T-Mobile. Initially filed in San Diego County Superior Court on March 4, the suit has been removed to California’s Southern District.