A Capital One wage and hour lawsuit has been filed due to alleged violations of the Fair Labor Standards Act, the Nevada Constitution, and numerous other laws. The primary claim in this lawsuit has to do with failure to pay wages for all hours worked and failure to pay overtime.
Capital One Wage and Hour Lawsuit Allegations
According to the Capital One wage and hour lawsuit, the Nevada resident plaintiff was employed by the financial services company as an hourly nonexempt employee in the Las Vegas facility from the end of November 2015 until April 11, 2017.
When she was hired, she was brought on at a rate of $18.38 an hour for every hour that she worked. She worked a minimum of five shifts per week and at least 8 hours per shift per week, which totaled 40 hours per work week, according to the Capital One wage and hour lawsuit.
According to the lawsuit, although she was scheduled for only 40 hours, she had to perform work activities before and after clocking out and was allegedly not compensated for engaging in these off-the-clock activities. Furthermore, she was also responsible for booting up her computer, loading numerous programs that needed to be used during the course of her workday and reading email notifications before clocking into the timekeeping system.
According to the Capital One wage and hour lawsuit, these are violations of state and federal law and the plaintiff estimated that it took her around 15 minutes each day to perform these work-related required activities before actually clocking in to begin receiving her hourly rate. At the conclusion of her work day, the plaintiff also alleges that she was required to clock out of the timekeeping system and then discontinue the various programs she used over the course of her workday before powering off the computer, resulting in additional unpaid overtime.
According to her estimates, this took around 5 minutes every single day. She alleges that in a typical work week, this led to her not being paid $45.95 in overtime wages because of all of this additional time. She says that other call center employees may be eligible to participate in the Capital One wage and hour lawsuit because they too were asked to do these before and after work activities off the clock.
The Capital One wage and hour lawsuit may include all members of the Nevada class who are former employees, all hourly paid call center employees employed by Capital One at any time during the relevant time period for the plaintiff’s time of work, and any hourly paid call center employees employed by Capital One in the United States at any time during the same period as the plaintiff.
Those workers who worked beyond 40 hours in a work week may have been entitled to overtime payment as part of the Fair Labor Standards Act.
If you or someone you know may be affected by a Capital One wage and hour lawsuit or similar situation, schedule a consultation today with the experienced attorneys at Bradley/Grombacher.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.