T-Mobile class action overview:
- Who: A T-Mobile employee is suing the company.
- Why: The plaintiff alleges T-Mobile does not pay its on-call technicians the correct amount of overtime.
- Where: The T-Mobile class action complaint was filed in a Washington federal court.
T-Mobile has been hit with a class action lawsuit alleging that it underpays its on-call technicians for overtime by offering them a flat rate that falls short of legal standards.
Plaintiff Olvin Gomez filed the class action complaint against T-Mobile USA Inc. on Sept. 13 in a Washington federal court, alleging violations of the Fair Labor Standards Act (FLSA).
Gomez, who says he is a senior technician who has worked at multiple T-Mobile locations across Florida for the past 10 years, claims T-Mobile compensates employees working outside their regular hours with a flat-rate “on-call/call-out premium pay” of roughly $30 per extra shift.
However, this bonus doesn’t reflect the required time-and-a-half overtime rate tied to the employees’ regular pay. Given that Gomez earns $41 an hour, he argues that T-Mobile is underpaying him for overtime hours.
The lawsuit alleges that T-Mobile’s payment practices impact thousands of non-exempt hourly workers across the United States.
Gomez claims the company either intentionally shortchanges employees or is at least aware of its failure to comply with federal overtime regulations.
“The defendant’s conduct is willful, carried out in bad faith, and has caused significant financial harm to employees,” the complaint states.
T-Mobile should pay time-and-a-half for overtime work, lawsuit argues
According to the lawsuit, Gomez typically works eight or more hours per shift, five or more shifts a week. When his schedule exceeds the standard 40-hour workweek, T-Mobile’s flat-rate bonus is counted as equivalent to one hour of work for calculating overtime pay.
Under the FLSA, overtime pay must be based on a time-and-a-half calculation of an employee’s actual hourly wage, meaning Gomez and others are being shortchanged, the complaint ays.
As a result, Gomez is looking to represent all current and former full-time, non-exempt hourly employees at T-Mobile who were paid this premium rate for at least one on-call shift in the past three years.
He is seeking certification of the class action, as well as back pay, damages, and a ruling that T-Mobile’s actions were willful.
Last month, the Committee on Foreign Investment in the United States fined T-Mobile $60 million in the wake of a data breach the agency determined occurred between August 2020 and June 2021.
What do you think of the claims in this T-Mobile labor lawsuit? Let us know in the comments.
Gomez is represented by Timothy W. Emery and Patrick B. Reddy of Emery Reddy PLLC.
The T-Mobile FLSA class action lawsuit is Olvin Gomez v. T-Mobile USA Inc., Case No. 2:24-cv-01468, in the U.S. District Court for the Western District of Washington.
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