A class action lawsuit was filed on May 17, 2018 against Fidelity Investments Institutional Operations Company, Inc., and FMR, LLC (“Fidelity”), on behalf of workers in their many call centers nationwide.  Filed in the U.S. District Court for the Middle District of North Carolina, the lawsuit asserts that Fidelity, which has more than 40,000 employees, violates the Fair Labor Standards Act (FLSA), as well as state wage and hour laws in North Carolina and New Mexico. 

If you have any questions or would like to discuss whether you might be affected by the lawsuit, please take a moment to provide us with your contact information and we will contact you to schedule a confidential, complimentary consultation. Alternatively, please contact Christopher Scherman directly at 202.408.4600 or cscherman@cohenmilstein.com.


Personal Information:

Case Background

The lawsuit, Reynolds v. Fidelity, asserts that Fidelity has failed to pay its hourly call center workers all overtime due under federal and state wage and hour law.  The suit alleges that Fidelity did not compensate Plaintiffs for all mandatory pre-shift work.  Fidelity required Plaintiffs to arrive at work prior to their scheduled shift in order to perform a litany of tasks necessary to perform their jobs, including booting up computers, running several software programs, checking daily bulletins, and other tasks that had to be completed in order to be “call ready,” meaning ready to answer calls.  Plaintiffs only received compensation after this work had been completed.  Plaintiffs allege that this is compensable time that should have been added to the workers’ recorded hours, and that all hours over 40 per work week should have been paid at the overtime premium rate.

Plaintiffs also complain that Fidelity excludes nondiscretionary quarterly bonuses, and compensation such as student loan reimbursements and fitness reimbursements, when calculating Plaintiffs’ regular and overtime rates, and thus failed to pay overtime at the correct rate.

Plaintiffs are represented by attorneys from Cohen Milstein and The Law Offices of Gilda A. Hernandez, PLLC.

Frequently Asked Questions

Is This a Class Action? What Does that Mean?

This case is both a potential class action under state law and a potential collective action under federal law.  Both class and collective actions provide a mechanism for a group of workers with similar claims to litigate those claims together in one case, and both require Court approval to proceed on a class basis.  We will be seeking certification in the near future.  The federal claims, which can apply regardless of what state you worked in, proceed under a collective action which only includes individuals who consent to join the case, as described below.  The state claims only apply to the specific states for which claims have been asserted, North Carolina and New Mexico, but if certified by the court, will include all workers within those states who fall within the class definition.

Am I Eligible for the federal FLSA claim?

You may have a claim under federal law if you (a) performed pre-shift work to become “call ready” before your paid time began and, considering that pre-shift time, worked over 40 hours per week in a Fidelity call center in the last three years; or (b) received non-discretionary bonuses, student loan reimbursements or fitness reimbursements in any workweek when you worked over 40 hours per week in a Fidelity call center in the last three years.

In order to make a claim, please complete a consent form (here) and return it to our office.

You can also sign up online by clicking here.

Am I Eligible for the State Law Claims?

You may have a claim under North Carolina state law if you (a) performed pre-shift work to become “call ready” before your paid time began and, considering that pre-shift time, worked over 40 hours per week in a Fidelity call center after May 17, 2016; or (b) received non-discretionary bonuses, student loan reimbursements or fitness reimbursements in any workweek when you worked over 40 hours per week in a Fidelity call center after May 17, 2016.

You may have a claim under New Mexico state law if you (a) performed pre-shift work to become “call ready” before your paid time began and, considering that pre-shift time, worked over 40 hours per week in a Fidelity call center after May 17, 2015; or (b) received non-discretionary bonuses, student loan reimbursements or fitness reimbursements in any workweek when you worked over 40 hours per week in a Fidelity call center after May 17, 2015.

What About Retaliation?

The law prohibits your employer from retaliating against you for exercising your rights under the FLSA by joining a lawsuit for unpaid overtime.  If you believe you have suffered retaliation after joining this lawsuit, please contact us immediately.

Do I Have To Pay Anything?

No.  We are handling this case on a contingency basis, so we will only be paid if the lawsuit is successful in obtaining a settlement, final judgment, or award, and our payment will come only out of that settlement, final judgment, or award, and is subject to approval by the Court.