Diebold Slammed with a Class Action After Supposedly Preventing Field Technicians from Collecting Overtime Pay

by Norman B. Blumenthal on October 23, 2013

For those who don’t know, Diebold is a world leader in self-service and security for companies around the world.  Their main products include walk-up and drive-up ATM & pharmacy terminals, electronic security, and maintenance. Select employees, called Customer Service Engineers (“CSEs”), are responsible for responding to these maintenance issues, installing new products, and generally providing desired customer service. Therefore, they theoretically spend the vast majority of their time preparing for jobs, traveling to and from work sites, and performing job functions at these 3rd party work sites.

Diebold class action law suitThe California employment attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit on October 17th against Diebold for allegedly violating the California Labor Code in regards to improper hour and wage allocation. The complaint claims that Diebold failed to pay CSEs (or “Field Technicians”) for the time they spent preparing for and traveling to the initial work site each day. It goes on to explain that employees were supposedly forced to wait until they had reached this initial job site to clock in and officially start their work day.  Although it is not clear just how much time was omitted on average, employees from other companies in similar positions spend as much as 2 hours in this initial daily phase. Meaning a complaint like this could potentially lead to millions of dollars in unpaid wages.

The complaint further alleges that CSEs had to log into their computers in order to look up equipment & products for loading, and find work sites & routes. They claim to have proceeded with loading, traveling and preparing all without being allowed to conduct any other personal matters. Not only would this be considered illegal in the state of California, but many other states as well.  According to an attorney at Blumenthal, Nordrehaug & Bhowmik, “Employees must be paid for any work time when they are under the control of their employer.”

The class action complaint is currently pending in the Superior Court of San Mateo County as Litton, et al. vs. Diebold, Incorporated, Case Number CIV 524776. If you or someone you know is currently or was recently employed by Diebold as a CSE, contact the California employment lawyers at Blumenthal, Nordrehaug & Bhowmik to become a class member or get more information. Call us (800)568-8020 today.

{ 2 comments… read them below or add one }

David Holaday April 8, 2014 at 2:08 pm

i called and left a message about Case Number CIV 524776, i am currently a CSE for Diebold and would like to find out more on this issue and would like to be a part of this

thank you
David Holaday
405-202-7849

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Norman B. Blumenthal July 28, 2014 at 6:38 pm

David, please call me on my direct line at (858) 952-0354. I am one of the attorneys working on the Diebold class action. Thank you.

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