A class action lawsuit was filed on May 17, 2018 against Fidelity Investments Institutional Operations Company, Inc., FMR LLC, Fidelity Brokerage Services LLC, Fidelity Workplace Investing LLC, and Veritude LLC (“Fidelity”), on behalf of workers in call centers supporting Fidelity’s Workplace Services business 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.
On April 10, 2019 the U.S. District Court granted preliminary approval to a settlement of this case. A notice is being mailed to eligible class members. For more information, look for a notice in your mail, or go to the settlement website here. The Court will hold a final fairness hearing on August 21, 2019. The settlement will not be final until approved by the Court.
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, in particular booting up computers, launching several software programs, checking emails, reviewing call schedules, and other tasks that had to be completed in order to be “call ready,” meaning ready to answer calls. Plaintiffs allege they only received compensation after this work had been completed. Plaintiffs assert 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.
The case name is: Reynolds et al v. Fidelity Investments Institutional Operations Company, Inc. et al., Case No. 1:18-cv-00423, U.S. District Court, Middle District of North Carolina.
Frequently Asked Questions
Am I Eligible?
You are eligible to participate in the settlement if you were a non-exempt employee of Fidelity Workplace Investing LLC, Fidelity Investments Institutional Operations Company, Inc., FMR LLC, Fidelity Brokerage Services LLC or Veritude LLC who (1) worked at least 40 hours in one full workweek between August 7, 2015 and December 31, 2018, (2) for the Workplace Investing Business Group, (3) primarily interacting telephonically or on-line with customers, and (b) utilizing the Aspect or Genesys phone systems. Specifically, the call centers that are encompassed are Workplace Services Call Centers in: Covington, Kentucky; Durham, North Carolina; Merrimack, New Hampshire; Albuquerque, New Mexico; and Westlake, Texas. If Fidelity’s records indicate that you meet these conditions, you will be mailed a notice at your last address on file with Fidelity.
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.