Wednesday, May 28, 2014

Navy FCU Sued for Not Paying Overtime

A complaint filed in a U.S. District Court in Nevada alleges that Navy Federal Credit Union (Navy FCU) willfully violated the Fair Labor Standards Act (FLSA) by requiring off-the-clock work by non-exempt employees.

The plaintiff is a Member Services Representative (MSR), who has worked for Navy FCU for almost six years.

The job description for MSRs states the position is non-exempt from overtime.

According to the complaint, Navy FCU maintained a uniform corporate policy to force MSRs to work off-the-clock before and after their shifts.

Plaintiff estimated off-the-clock work was 30 to 45 minutes per shift.

In addition, the complaint alleges that Navy FCU failed to record and maintain accurate timesheets regarding hours worked.

When plantiff complained to Navy FCU's management about not keeping accurate time records, plaintiff's ex-manager used the N-word.

Moreover, Navy FCU's management told plaintiff to stop placing comments on time sheet showing the actual, accurate times worked.

The complaint further alleges that working off-the-clock is still occuring and is part of a company wide practice to decrease non-exempt employees' compensation.

The complaint seeks class certification for all MSRs who performed any uncompensated off-the-clock work for Navy FCU. The size of the class is estimated at 500 employees or more.

The complaint requests a jury trial and is seeking all available damages including but not limited to wages, liquidated damages, attorneys' fees, punitive damages and costs.

The plaintiff is represented by Cogburn Law Offices.

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