An AT&T/Charter retail store employee, Andrew Prizler, filed a lawsuit (Prizler v. Charter Commc’n, Inc., S.D. Cal., No. 3:18-cv-01724) alleging that his overtime pay was miscalculated because the sales commissions and bonuses were not accurately included in the calculations. 20 of Charter’s appearances in federal court in the past 5 years (3.3%) were for wage and hour cases. For AT&T, it’s 216 cases (10.9%).
When a company calculates an employee’s overtime pay rate, federal law requires that commissions and bonuses be counted in as part of their regular rate of pay. The regular rate of pay is multiplied by one-and-a-half. When an employer does not include amounts that should be included in the “regular rate of pay,” it can significantly decrease their overtime pay rate.
Prizler, the plaintiff, filed suit on July 27th in the U.S. District Court for the Southern District of California. The proposed class action was filed on behalf of all other retail employees with AT&T/Charter who earn commissions and/or bonuses. (The lawsuit also named two Charter subsidiaries: Spectrum and Time Warner Cable).
When asked about the lawsuit, an AT&T spokesperson responded that the defendant was reviewing the complaint and the allegations claimed by the plaintiffs in the case. They also stated that their policy is to always follow the law – including wage and hour laws. Charter did not respond when asked for comments regarding the suit.
If you have questions about overtime pay calculation or if you feel you aren’t being paid the overtime you deserve, please get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP.