Yes — hourly, nonexempt Fifth Third call-center staff who did unpaid pre-shift computer work may be eligible for back pay. A putative class action is a lawsuit filed for a group of workers before a court decides group treatment, and eligibility here turns on nonexempt status and hours worked over 40.
Former call-center employees allege Fifth Third required unpaid computer startup, login and system-opening work before handling calls, according to AllAboutLawyer wage-and-hour coverage AllAboutLawyer wage-and-hour coverage. The related complaint copy is docketed as Case No. 1:26-cv-01014, Document 1, filed 01/29/26 and runs 19 pages, according to the Law.com Legal Radar complaint copy.
Official resources:
- https://www.govinfo.gov/content/pkg/USCOURTS-ohsd-1_18-cv-00553/pdf/USCOURTS-ohsd-1_18-cv-00553-0.pdf — Use this primary source to verify the official announcement.
- https://www.law.cornell.edu/supremecourt/text/16-285 — Use this primary source to verify the official announcement.
Table of Contents
- What does the new filing allege?
- Are you in the eligible group?
- What did the earlier Fifth Third case involve?
- What should potential claimants do now?
What does the new filing allege?
The core claim is unpaid off-the-clock preparation. Workers say they had to start computers, log in to phone and computer systems, and open needed programs before they could take calls.
That work occurred before clock-in and was not paid. The filing seeks group relief for affected call-center employees rather than only one worker.
Are you in the eligible group?
Federal law requires overtime at one-and-one-half times the regular rate for covered nonexempt employees working over 40 hours in a workweek, according to the Cornell Legal Information Institute text of 29 U.S.C. 207 Cornell law text on overtime pay.
Most call-center employees are treated as entitled to that minimum-wage and overtime protection, according to the Johnson//Becker call-center overtime page, so status and weekly hours control eligibility. Salaried exempt managers and workers paid for all startup time fall outside this theory. Part-time staff can still qualify when their combined paid and unpaid work exceeded 40.
- Worked hourly and classified as nonexempt at a Fifth Third call center
- Booted systems, logged in, opened tools, or checked work email before clock-in
- Have weeks where unpaid minutes pushed total time past 40 hours
- Can show schedules, time stamps, login records, or pay stubs
What did the earlier Fifth Third case involve?
The earlier case is Jennifer Seldomridge v. Fifth Third Bank, Case No. 1:18-cv-553, filed as an FLSA collective and class action for hourly nonexempt workers denied pay for all hours worked, according to the Southern District of Ohio complaint.
It covered nonexempt Service to Solutions and other call-center staff at two customer-service call centers in Michigan and Ohio, according to the Leagle report of the court opinion. The alleged work was booting and logging into computer and phone systems plus checking emails before clocking in, taking 10 or more minutes per shift, according to the GovInfo copy of the court order GovInfo copy of the Ohio court order. Ten minutes per shift equals nearly an hour across six shifts. Over months, those minutes add overtime liability when weekly totals exceed 40.
What should potential claimants do now?
FLSA collective members must affirmatively opt in by filing written consent with the court and are not included automatically, according to the U.S. Supreme Court in Epic Systems Corp. v. Lewis via Cornell LII.
Watch for a court-authorized notice and deadline rather than waiting for a check. Back-pay claims are limited to two years after accrual, extended to three years only for willful violations, according to the Cornell Legal Information Institute text of 29 U.S.C. 255 Cornell law text on FLSA time limits. Preserve time records, schedules, login data, pay stubs, and job descriptions now. Act promptly because delay can shorten the recoverable period.