T-Mobile Failed to Properly Pay Workers Following Kronos Data Breach, Lawsuit Alleges
by Erin Shaak
Burnham v. T-Mobile USA, Inc.
Filed: May 5, 2022 ◆§ 3:22-cv-05317
T-Mobile faces a lawsuit that claims workers were not properly paid following the December 2021 data breach of the company’s timekeeping system provider.
Washington
T-Mobile USA, Inc. faces a proposed collective and class action wherein an employee claims he and other workers were not properly paid following the December 2021 data breach of the company’s timekeeping system provider.
According to the 15-page case in Washington, T-Mobile could have easily implemented a means by which to accurately track employees’ hours and wages after a ransomware attack rendered the Kronos timekeeping system inoperable last December.
“But, upon information and belief, it did not,” the complaint states, alleging T-Mobile instead paid employees based on estimated or scheduled hours or previous pay periods.
Per the suit, T-Mobile’s pay practices in the wake of the breach has caused many workers to be paid less than they were owed, including for overtime hours. Although T-Mobile, after “significant delays,” has compensated employees for a portion of their unpaid wages, it has failed to pay all wages owed since the onset of the Kronos hack, according to the case.
The plaintiff, who has worked for T-Mobile since before the Kronos data breach, claims that he and other workers were paid based on “arbitrary considerations” other than their actual hours worked, even though T-Mobile was well aware of its obligation to pay them properly for every hour worked, including overtime.
“Instead of accurately tracking hours and paying employees their overtime, T‐Mobile decided to arbitrarily pay these employees, without regard to the overtime hours they worked or the regular rates at which they were supposed to be paid,” the lawsuit alleges.
The plaintiff aims to recover the allegedly unpaid wages owed to T-Mobile employees, who the suit says are “the ultimate victims of not just the Kronos hack, but T-Mobile’s decision to make its own non-exempt employees bear the economic burden for the hack.”
The lawsuit looks to represent current or former non-exempt employees of T-Mobile or its subsidiaries or alter egos who worked in the U.S. at any time since the onset of the Kronos ransomware attack around December 11, 2021 to the present.
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