Employees of Fidelity Employer Services Co., a subsidiary of Fidelity Investments, have filed a class action against the firm, alleging that the firm classified them in such a way to prevent paying overtime. The plaintiffs are seeking $5 million in damages, interest, overtime wages and attorneys' fees.

The lawsuit, filed in a U.S. District Court in Boston, names Debbie Trezvant, Timothy Cahill, Deborah Cheryl and Mary-Catherine Piche as plaintiffs in the case, in addition to all similarly situated employees of FES and FMR Corp.

The plaintiffs were employed at Fidelity for periods from 1996 to 2004, and "regularly worked in excess of forty hours per workweek, and continue to do so," state attorneys in the complaint. Attorneys allege that employees were not paid for overtime, and that Fidelity failed to keep accurate records to make appropriate wage determinations.

Los Angeles-based Spiro Moss Barness Harrison & Barge, LLP are the attorneys for the plaintiffs.  

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