Ex-Employee Claims Cincinnati Bell Miscalculated Overtime, Withheld Final Commissions Check

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Cincinnati Bell, Inc. and Cincinnati Bell Telephone Company, LLC find themselves as the defendants in a former outbound sales representative’s proposed collective action in which the man claims he often worked up to 45 hours per week without proper overtime pay. More specifically, the plaintiff, who worked for the defendants from December 2015 to May 2016, alleges the defendants failed to account for monthly commission payments in employees’ regular rates of pay when tallying the workers’ overtime wage rates. 

“As a result of failing to include commission payments in the regular rate, [the defendants] denied [the plaintiff] and putative class members full and proper overtime pay as a result of a widely applicable, illegal pay practice,” the complaint charges, citing potential Fair Labor Standards Act (FLSA) and Ohio Minimum Fair Wage Standards Act violations.

The plaintiff further alleges that at the time of his termination in May 2016, he expected to receive a final commission check from the defendants of more than $5,000. In September 2016, the case says, the plaintiff was supposedly told by the defendants’ human resources department that he would receive no further earnings because “the amount of deactivations surpassed his expected commission amount.” The plaintiff claims he was ultimately unable to obtain any verification of this from the defendants.