T-Mobile Retailer Get Preliminary Approval of $1.1M Unpaid Overtime Settlement

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San Jose, CA: A proposed $1.1 million settlement has received preliminary approval, potentially ending an unpaid overtime class action lawsuit pending against T-Mobile retailer TCC Wireless, which operates nearly approximately 160 stores in several states, with 33 located in Illinois, where the class action was filed.

The complaint was brought by named Plaintiffs Jonathan Wolfe and Margaret Heklowski who worked as managers at TCC Wireless stores. The lawsuit asserts that TCC Wireless classified them and other managers and assistant managers as being exempt from overtime even though they frequently worked alone or with only one other store employee and spent almost no time performing managerial tasks, in violation of the Illinois labor law and Fair Labor Standards Act (FLSA).

"Defendant's business model is clear: under-staff the stores, strictly limit the work hours of the non-salaried employees, and require the salaried managers to pick up the overtime work at no additional cost to defendant," the complaint asserts.

Under the terms of the settlement, class members include managers and assistant managers who worked at an Illinois store between July 25, 2014, and September 8, 2017, and opt-in plaintiffs who worked as managers at a TCC Wireless store in another state. Approximately 348 people will be eligible to receive a pro rata share of the class settlement fund. A service award of up to $5,000 to Wolfe and $7,500 for Heklowski is also part of the agreement.

The case is Wolfe v. TCC Wireless LLC, case number 1:16-cv-11663, in the U.S. District Court for the Northern District of Illinois.

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