Capital One Unit Hit With Customer Service Worker Overtime Case

Oct. 8, 2025, 5:45 PM UTC

A Capital One subsidiary misclassified a former customer service representative and other workers as exempt from overtime and failed to pay premium wages for extra work hours, a federal lawsuit says.

Erin Wilmoth’s lawsuit alleges Capital One Services LLC, which she says reclassified its salaried customer advocates as hourly and non-exempt this spring, cost the workers hundreds of thousands of dollars in unpaid overtime during the past three years, according to the complaint filed Tuesday in the US District Court for the Eastern District of Virginia.

Wilmoth seeks to recover unpaid overtime, liquidated damages, and attorneys’ fees and costs for ...

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