Wireless Investigation

Pelton & Associates, PC is investigating required unpaid “Off-the-Clock” work by hourly employees working within the wireless telecommunications industry.

Are you a current or former employee of one of the nation’s largest wireless phone carriers?  Did your employer give you a Blackberry, phone or other handheld wireless device?  Was your wireless phone number and email address given to customers such that you were required to respond to customer (and co-worker) phone calls, text messages and emails while not punched into your employer’s timekeeping system? Were you required to prospect for new customers and to learn new devices while “off the clock?”  You may be entitled to unpaid wages, overtime and other mandated benefits under federal and state laws.

The law firm of Pelton & Associates, PC is currently investigating potential class action lawsuits on behalf of retail sales associates at the nation’s largest wireless telephone companies.  Pelton & Associates, PC believe that the wireless carriers have required their employees to work millions of “off the clock” hours each year taking and responding to customer and internal phone calls, emails and text messages while not logged into the company’s timekeeping system.  The wireless carriers at issue include:

  • AT&T Mobility, LLC
  • Sprint/Nextel
  • Verizon
  • US Cellular

Under federal and many state laws, employees are required to be paid for “All hours suffered or allowed to work.”  With respect to wireless retail sales representatives, assistant managers and other similarly situated employees, these laws provide that you should be paid for all time in which you assist customers, co-workers or others, including time spent outside the normal place of business responding to phone, email and text messages, prospecting for new clients and learning new devices.

For years, we believe that wireless carriers have ignored these statutes and have improperly required their employees to spend substantial time while “off the clock” responding to work demands.  Whle these phone companies told their employees that the phones and PDA devices were a “benefit,” the “benefit” has required their non-exempt hourly employees to work millions of hours outside their normally scheduled work week, for which they have not been paid.

We believe that the unpaid wages and overtime is substantial.  The wireless carriers may also have to pay liquidated (double) damages for their willful failure to pay overtime.

Overtime Class & Collective Action Lawsuit filed Against AT&T Mobility, LLC

Pelton & Associates, PC has already filed a class action suit against AT&T Mobility, LLC (“AT&T”) to recover unpaid wages and overtime on behalf of its retail sales representatives and assistant store managers. The case is currently pending in the Southern District of New York and plaintiffs’ Motion for Collective Action Notice should be decided shortly.

If the Court grants plaintiffs’ motion for collective action notice, plaintiffs will be allowed to send out written notice to AT&T’s current and former retail sales representatives and assistant store managers.

Contact Pelton & Associates, PC

If you worked for any of the large US Wireless carriers on an hourly basis and were required to work “off the clock,” or otherwise were not paid for all hours worked, including overtime pay for all hours worked beyond forty (40) hours per week, we would like to hear from you.  Please contact us one of the following ways:

Complete our online inquiry or call attorney Brent Pelton at:
1-212-385-9700
or
888-542-8529