PHILADELPHIA — RadioShack Corp. will not have to fight a class action lawsuit after a federal judge in Pennsylvania refused to certify the proposed class. The putative class action claimed that managers in Philadelphia RadioShack stores were denied overtime and store managers were told to alter time cards so overtime pay was not required. The managers’ overtime claims were not dismissed completely; the judge only denied the class action to go forward because the individual manager claims were not similar enough for one trial to be efficient.
RadioShack and Manager Overtime
In the current case, RadioShack’s Philadelphia district manager allegedly told store managers to alter employees’, including the other managers’, time cards so they would show less than 40 hours worked each week. Some of the alleged methods of altering time cards included changing break times and clock-out times. According to the judge, however, each of the managers had a distinct claim and there was no common cause for the overtime violations.
RadioShack has faced two other manager overtime claims recently. The first claim was based in New York and alleged miscalculation of manager overtime pay. The managers in that case had a fluctuating workweek and were paid performance bonuses instead of a weekly rate. A New York federal judge ruled in RadioShack’s favor finding that RadioShack was not obligated to pay its New York managers overtime wages and the fluctuating schedule was acceptable.
The second claim, also a class action in Pennsylvania federal court, is based on the same fluctuating work week. However, in this case the managers claim the scheduling and pay method violated both the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act of 1968. This claim is still waiting on a court ruling, since lower level federal courts are not required to agree in their decisions.
Employee Time Cards
Even if you are a manager, you may still be required to clock-in and clock-out or provide another form of timekeeping. State and federal laws require employers to maintain proper and accurate time sheets for their employees. These records are vital to calculating wages, overtime, and other items like taxes and employee benefits. Failure to maintain proper and correct time records is a violation of a number of labor laws. If an employer makes alterations to an employee’s time sheet, the employee should approve the change or the employer will need other evidence that the alteration was lawful. In this case, RadioShack says each modification was accurate and the company has evidence to defend each modification.
If you believe you are owed overtime wages or your employer improperly managed your time cards, call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form. Our experienced team of overtime pay lawyers will evaluate your situation to determine if you have an overtime claim. If you are owed overtime wages and we accept your case, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.