MINNEAPOLIS — Repair technicians working for Best Buy brought a class action wage and hours lawsuit against the company in 2012. They claimed the company failed to pay them for time spent driving home in company-issued vans. As the class action continues, the technicians are seeking sanctions against Best Buy for its most recent decertification request. They believe Best Buy already raised the same arguments in a 2013 motion, which was denied, and this is a wasteful duplication of efforts.
The History of the Claims
Best Buy’s repair technicians perform in-home repair services using the company’s van for transportation. The technicians are seeking compensation for 30 minutes of driving time spent on their commute home. Best Buy required technicians to have the company van in their possession, but they were not allowed to use the van for personal matters. This requirement required the technicians return home to retrieve personal vehicles. The company also allegedly set productivity requirements and daily repair quotas that prevented breaks and could not be met in an 8-hour shift.
The technicians were granted partial certification for their commuting time claim, but were denied their overtime, off-the-clock, and missed breaks claims. The certification rulings, however, only address class action status; they do not mean the class members do not have viable individual claims in those other areas. But, Best Buy is seeking to decertify the class and is requesting summary judgment on some of the class members’ claims.
The repair technicians claim the request is a bad faith duplication meant to delay the proceedings and harass and bury them under briefs. Best Buy argues that certain employees signed an agreement, which stated that driving the company van home was voluntary and non-compensable, so those claims should be dismissed and the class decertified. However, the court already looked at the agreement and found there to be factual questions still unanswered regarding voluntariness of driving the company van home. The technicians claim there is no new evidence to justify the new request and are seeking nearly $9,000 in sanctions for the attorneys’ fees incurred from the repetitive brief and motion.
Drive Time Wage Claims
Drive time claims address more than just compensation for driving to and from a location or required use of a company vehicle. Employees may also include failure to pay for time spent waiting and, if it was a personal vehicle, failure to pay for mileage. There may even be a claim for inaccurate wage statements if employees are not credited for all the time they spent driving, waiting, or working.
If your work requires driving and your employer is not properly recording or compensating you for the time you work, you may have a claim for unpaid wages or overtime. Call our knowledgeable team of overtime pay lawyers today at (855) 754-2795 to discuss your rights. Or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.