Acronis North America Inc. is staring down a proposed collective action through which the plaintiff seeks to recover allegedly unpaid overtime wages.
Filed in Arizona, the case states the plaintiff has worked for Acronis since October 2017 as a call center salesperson. The man claims he and similarly situated employees routinely work upward of 40 hours per week—supposedly at the defendant’s request—without being paid time-and-a-half hourly overtime. As an example, the complaint points out a period between January 8 and 14, 2017 during which the plaintiff supposedly worked around 67 hours and was paid only his regular rate of pay plus commissions, leaving roughly 27 overtime hours unpaid.
The complaint goes on to say the plaintiff ran the defendant’s alleged wage and hour violations up the flagpole to a human resources employee in April 2018. The company thereafter changed its pay practices by switching the plaintiff and those similarly situated to an hourly rate and mandating that they track their hours, according to the suit, with Acronis agreeing to pay the employees for overtime moving forward.
According to the plaintiff, the defendant, instead of paying full time-and-a-half overtime wages, has attempted to pay “only partial amounts” for past-owed overtime. The man claims that when he started working for Acronis, there was no “clear mutual understanding” that the man would be paid overtime since the defendant allegedly failed to instruct him that he was entitled to time-and-a-half pay. Moreover, the case alleges Acronis retaliated against the plaintiff for complaining about the supposed wage violations by delaying approval of pricing on his sales, “thus decreasing [the plaintiff's] ability to close deals.”