Call Center Operator Sykes Class Action Lawsuit Motion

MINNEAPOLIS — Our overtime pay law attorneys are currently handling a class action unpaid overtime lawsuit against Sykes Enterprises, Inc. and Alpine Access, Inc., a wholly owned subsidiary of Sykes Enterprises, Inc.  

The lawsuit arises out of Sykes Enterprises, Inc. and Alpine Access, Inc. allegedly failing to pay its current and former call center operators overtime wages.  The lawsuit seeks payment for three years of unpaid wages.  Employees were not paid for off-the clock work during their preliminary “boot-up” time and postliminary “call completion” time. By doing so, the employer was in violation of the Federal Labor Standards Act as under the federal law call center employees are entitled to receive pay for such off-the-clock tasks. 

Below is the Motion to Certify a Collective Action filed by our law firm.

 UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

TENISHA WILLIAMS,                                            Case No. 13-cv-946 JRT/JJG

KISSIE HECTOR,           

CARLA DAVIS,                                                                                     

DEBORAH GOLONKA,

DENNIS GOLONKA,

MAIDA VOIGT,

JAMES LYLE,

FRANK TAGLIAFERRO,

MARY KOLESKINSKI,

GARY PRESTON,

SHERIE HAYES, and

JOAN MAXWELL

individually and on

behalf of all similarly situated individuals,

Plaintiffs,

vs.

SYKES ENTERPRISES, INC., and ALPINE ACCESS, INC., a wholly owned subsidiary of Sykes Enterprises, Inc.,

Defendants.

MOTION

Plaintiffs hereby move the Court for an Order:

1)  certifying a collective action for unpaid overtime wages under 29 U.S.C § 216(b) of the FLSA defined as:

All current and former Customer Service Associates of Sykes Enterprises, Inc. and Alpine Access, Inc. who during the last three years were not paid for off-the-clock work during their preliminary ”boot-up” time and postliminary “call completion ” time;

2)  compelling SEI to provide Plaintiffs with the names, all known addresses, email addresses and telephone numbers of the potential class members;

3)  approving the court-supervised notice to the class members with a 90 day opt-in period;

4)  allowing Plaintiffs to file their consents using an electronic signature service;

5)  requiring SEI post a copy of the Short Form Notice in all of its call centers; and

6)  appointing Johnson Becker, P.L.L.C, Sommers Schwartz, P.C. and the Maher Law Firm, as interim class counsel.

This Motion is based upon 29 U.S.C. § 216(b), D. Minn.LR 7.1, all supporting memoranda, documents, and declarations filed and served in accordance with the Rules, arguments of counsel, and all files, records, and proceedings herein.

MEET-AND-CONFER STATEMENT

In accordance with D. Minn. LR 7.1(a), Plaintiffs’ undersigned counsel hereby certifies that they have met and conferred with defendants¹ counsel in good faith regarding the relief sought in this Motion and the basis for that relief.

DATED:    July 16, 2013                                 Respectfully Submitted,

s/ Timothy J. Becker_____________

Timothy J. Becker MN Bar No. 256663 Jacob R. Rusch MN Bar No. 391892 David H. Grounds MN Bar No. 285742 JOHNSON BECKER, PLLC 33 South Sixth Street, Suite 4530 Minneapolis, Minnesota 55402 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 tbecker(o),i ohnsonbecker.com irusch@iohnsonbecker.com dgroundsio).i ohnsonbecker.com

Jason J. Thompson MI Bar No. P47184 Jesse L. Young MI Bar No. P72614 SOMMERS SCHWARTZ, P.C.

One Towne Square, Suite 1700 Soulhfield, Michigan 48076 248-355-0300