A proposed class and collective action claims Your Wireless, Inc. has failed to pay store managers and assistant store managers for off-the-clock work.
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The 17-page case alleges the authorized Verizon retailer consistently requires its store managers to perform unpaid work despite its obligations under state and federal labor laws to compensate employees with their regular hourly wage for every hour worked. The complaint also claims that the defendant failed to pay managers proper overtime wages or provide them with accurate wage statements.
According to the suit, managers are required to attend companywide, unpaid conference calls each week before their scheduled working hours. The filing claims that these meetings, which can last anywhere from 30 minutes to an hour, are mandatory even when scheduled on a manager’s day off.
In addition, Your Wireless managers are instructed to report a one-hour lunch break each shift regardless of whether they actually take it, the complaint claims. In fact, the suit says, managers regularly work through most or all of their meal breaks to meet “the demands of the positions” and to make up for understaffing.
“As a result,” the filing says, “[m]anagers are not paid for up to an hour each day when they did not take a full meal break.”
The filing further alleges that Your Wireless requires managers to monitor and respond to district-wide group chats and work-related phone calls from customers, supervisors and subordinates at all times of the day throughout the week, including when they’re clocked out.
As non-exempt, hourly employees, Your Wireless managers are entitled to receive time-and-a-half wages for overtime hours worked past 40 each week in accordance with the federal Fair Labor Standards Act (FLSA) and the New York Labor Law, the suit relays. Despite regularly working well over 40 hours each week, managers do not receive proper overtime wages, the complaint contends.
“Defendant’s violations of the FLSA, as described in this Complaint, have been willful and intentional,” the suit says. “Defendant has failed to make a good faith effort to comply with the FLSA with respect to its compensation of FLSA Plaintiffs and other similarly situated current and former employees.”
The lawsuit seeks to represent any current and former managers employed by Your Wireless, Inc. within the last six years.
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