ILNews

AT&T technicians file lawsuit over lunch policy

Back to TopCommentsE-mailPrintBookmark and Share

Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.

The suit seeks to represent 1,300 AT&T technicians in Indiana.

The suit filed Aug. 10 in U.S. District Court for the Southern District of Indiana also alleges technicians face discipline if they drive their GPS-monitored company vehicles more than a half-mile from their routes to take a break.

“The company’s productivity-based performance ranking system puts the technicians under significant pressure to work through the unpaid lunch breaks in order to complete as many jobs as possible in each work shift,” alleges the suit.

These include technicians who install AT&T’s U-verse service, a collection of Internet, phone and television offerings.

The technicians allege that by not paying for time allocated “to the technicians’ so-called meal breaks, AT&T Midwest has failed to pay the technicians’ time-and-half-for all such hours worked in excess of 40 hours in a single work week.”

The complaint alleges violations of the Fair Labor Standards Act and violations of Indiana’s wage and record-keeping laws.

Technicians seek time-and-a-half pay for hours worked in excess of 40 hours a week and damages, but do not specify a dollar amount.

AT&T has to yet to file a formal response to the complaint.

Company spokesman Marty Richter said:  “AT&T is committed to full compliance with all federal and state laws, including the wage and hour laws, and has received numerous awards for being an employer of choice.”

Plaintiffs are Deborah Sturgeon, Sara Gail Mercer, Michelle Ballard, Angie Nelson, John Stewart Jr., Rickey Hays, Levi Haynes, Jason Hampton, Jonathan Julian, Victor Sparks and Tamika Liebhart.

The suit also contends that under rules “designed and enforced to preserve the company’s public image” that employees on unpaid lunch break may not use personal laptops or read books or newspapers while in an AT&T vehicle.

Restrictions on movement or activity during breaks “substantially” interfere with the technicians’ ability to use the unpaid lunch break for eating lunch or other personal business, the complaint states.

It also alleges employees while on unpaid break may not use the vehicle’s air conditioning or heating, regardless of the weather.

Plaintiffs are represented by Indianapolis attorney Kimberly Jeselskis.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

ADVERTISEMENT