Wireless Retail Workers Get Conditional Cert. In OT Suit

Law360 (October 16, 2020, 5:42 PM EDT) -- A Texas federal judge has conditionally certified a class of employees for a national smartphone retailer who brought a collective action claiming the company illegally denied them overtime pay for work they did off the clock.

In an opinion issued Thursday, U.S. District Judge Kenneth Hoyt said even though Mobilelink had an official policy against off-the-clock work, the workers gathered enough evidence from other employees at stores across the country to suggest violations of that policy were not merely on the whims of individual store managers.

"The plaintiffs' declarations contain uncontroverted evidence that nine plaintiffs in 12 different store locations across...

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