A call center overtime lawyer can help hourly and salaried call center employees who work over 40 hours a week. Call center employees often put in long hours answering customer questions and dealing with problematic issues. Some companies however have faced lawsuits from current and former employees alleging that they were not paid for extra time spent on the job. Federal laws are in place to provide protection against being denied overtime pay and it also protects underpaid workers from retaliation if they pursue a claim. An unpaid overtime lawsuit may be an option for an employee to recover the compensation he or she deserves.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated call center overtime lawyer who can assist you throughout the legal process.
What Is the Fair Labor Standards Act?
Enacted in 1938 by the House of Representatives and the Senate, the Fair Labors Standards Act (FLSA) provides nationwide standards for overtime pay, minimum wage, child labor and record keeping. The U.S. Department of Labor’s Wage and Hour Division (WHD) upholds and implements the FLSA for employees who work for private companies, as well as numerous government entities. The WHD uses investigations to ensure that businesses are compliant with the FLSA and can require that changes be made to protect employees from lost wages.
What Is Considered Overtime?
According to the Department of Labor (DOL), any time spent on the job beyond the regular 40-hour workweek is considered overtime. The FLSA requires that any employees who exceed 40 hours of work be compensated by their time at a rate of one and a half of their regular pay rate, with the regular rate being at least minimum wage.
In many call centers, employees may be required to show up at work early to prepare for their shifts. They may spend time starting up computers, logging into computer programs or setting up equipment required to speak with customers. These employees may also be asked to take notes or finish up paperwork about the calls of the day after their shift ends. Some call centers have come under scrutiny for not paying their employees for this extra time each day, which can quickly add up to be a significant amount of unpaid wages.
Recent Call Center Lawsuits
In 2011, a customer management firm faced a collective action filed by former and current call center employees. In the suit, the plaintiffs claimed that the company only paid them for the times during which they were ready to take calls and logged into the system. The requirement to work before and after their paid shift began and ended allegedly resulted in unpaid overtime wages upwards of hundreds of thousands of dollars.
In 2012, a $4.5 million settlement was awarded to employees of an information technology company. In the suit, the employees claimed that they were not paid for the extra time that they had to spend before each shift trying to find a headset to use, an open computer terminal or waiting for the necessary passwords to sign in. It was determined that the company violated the FLSA by not providing compensation for tasks necessary to the job.
How Does a Call Center Overtime Lawyer Obtain Compensation?
There are several ways that an employee may seek compensation for unpaid overtime wages. The DOL may work on behalf of an employee by filing a lawsuit against a company with a U.S. District Court in an attempt to seek back pay, as well as liquidated damages. The DOL may also pursue an order from a U.S. Department of Labor administrative law judge for a company to repay wages withheld from employees. If an employee prefers, he or she can also file a suit privately using an attorney who may fight for back pay and liquidated damages, as well as the cost to hire legal aid.
How a Call Center Overtime Lawyer Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.