Sarah Mirando  |  May 20, 2013

Category: Labor & Employment

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Judge Certifies Time Warner Wage & Hour Class Action Lawsuit

By Robert J. Boumis

Time WarnerLawsuits alleging that employers have failed to compensate employees for their work and overtime have been on the rise. Since the year 2000, the number of wage-and-hour lawsuits filed has increased by more than 400 percent. Some blame the economy, saying that the poor economy is causing employers to look for ways to cut expenses, sometimes skirting the law in the process. However, media giant Time Warner is now among the ranks of large, recognizable companies being sued for allegedly failing to compensate their employees.

Earlier this month, a South Carolina federal judge provided early-stage certification to a class action lawsuit accusing Time Warner of forcing sales reps to work off the clock. The class action lawsuit was originally filed last August.

This early-stage certification means that the judge feels there is a reasonable basis for the wage violation claim and that there are probably similarly harmed individuals out there if the claim proves to be valid. At this point in the legal process, it is not a judge’s job to decide if the claims are valid — only to establish reasonable cause to proceed with the case.  This paves the way for further action. Specifically, it allows lawyers to begin to seek out and contact other potential Class Members — people who were allegedly harmed by the actions of Time Warner. In this case, this would include former employees who were forced to work off the clock.

The class action lawsuit alleges that Time Warner sales reps were subjected to a company-wide policy of forcing them to work off the clock. The lawsuit further charges that employees were required by Time Warner to file “reconcile reports” to make it appear that sales and commissions earned occurred during regular hours.

The judge’s ruling was not a total victory for the plaintiffs — yet. The judge admitted that early-stage certification requires a lower standard of evidence than a full-on class action lawsuit. The judge also pointed out in his certification order that “Time Warner produced some evidence that retention representatives do not normally earn commissions, do not use GLOCENT, and do not reconcile sales. Although the plaintiffs’ burden at this stage of the litigation is light, they must still produce some evidence, ‘beyond mere speculation,’ of a factual nexus between the manner in which the employer’s alleged policy affected [them] and the manner in which it affected other employees.”

The case is Curtis et al v. Time Warner Cable Inc., Case No. 12-cv-02370, U.S. District Court for South Carolina.

If you were forced to work off the clock at a major company like Time Warner, you may not know how to fight back. Class action lawsuits are complex legal matters, and they can be confusing and overwhelming to the uninitiated. However, you can take steps to protect your rights. You can start by visiting the Wage & Hour, Unpaid Overtime Class Action Lawsuit Investigation. Here, you can enter your information for a free legal review by an employment attorney specializing in this type of lawsuit. From here, you can receive guidance on the next steps to take in your specific legal situation.

 

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Updated May 20th, 2013

All employment related class action and lawsuit news updates are listed in the Employment and Labor section of Top Class Actions

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