Class Action Alleges Verizon, Cellco Partnership Failed to Pay FLSA True Up Wages, Provide Accurate Wage Statements

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A Verizon employee has filed a proposed class action lawsuit against the company and Cellco Partnership, i.e. Verizon Wireless, over alleged violations of California’s labor code.

At the heart of the case are allegations that the defendants failed to correctly identify the total number of hours worked by proposed class members. The plaintiff, who the complaint says has worked for the defendants since March 2018, alleges in particular that Verizon and Cellco failed to properly identify the applicable rate of pay and number of hours worked in instances where employees were paid “FLSA True Up” wages, i.e. money used by companies to settle debts with workers related to outstanding wages or in the event a transition occurs between two entities.

The plaintiff further claims the defendants overstepped California labor law by issuing to those who were paid “Sunday Worked Premium” wages paystubs that did not accurately identify the total number of hours worked.

“Rather, when the hours shown on the wage statements are added up,” the case says, “they do not appear to add up to the actual total hours worked.”

Lastly, the case alleges Verizon and Cellco issued wage statements to members of the proposed class that “failed to identify the accurate legal name of the employer.” Per the complaint, the wage statements issued to employees named their employer as “Verizon” and/or “Cellco Partnership.” The lawsuit charges that no such names appear on California’s Secretary of State’s website.

The lawsuit looks to cover a proposed class of all current and former Verizon and Cellco Partnership employees in California who received wage statements from the companies any time between September 4, 2017, and the present. The suit additionally seeks certification for proposed sub-classes of all current and former non-exempt employees of the defendants in California who were paid “FLSA True Up” wages or “Sunday Worked Premium” wages at any time between September 4, 2017, and the present.