A nationwide collective action has been filed in Florida against Global Wireless Solutions, Inc. The action is brought on behalf of all current and former data collection engineers, who since March 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The engineers have requested that the court issue notice to all potential class members.

According to the engineers, Global Wireless has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The engineers claim that Global Wireless encourages them to work well in excess of 40 hours per week. However, according to the engineers, the company has no provisions in place to properly compensate employees for overtime for hours worked in excess of 40 per week. Under the Fair Labor Standards Act, all "non-exempt" employees are entitled to a minimum of time and a half for all hours worked in excess of 40 per week. "Non-exempt" employees are generally those that work on an hourly basis and do not have managerial or executive responsibility. The engineers were paid on a salaried basis but claim that they are still "non-exempt" because they do not perform non-exempt duties and are subject to reduced pay for hours missed due to illness or personal time. Therefore, the engineers allege that they are entitled to receive overtime compensation for all hours worked beyond 40 per week. The engineers also claim that because Global Wireless' refusal to pay overtime was willful and intentional, they are entitled to an equal amount of liquidated damages.