TAMPA, Fla. — Call center employees at One Touch Direct LLC received conditional class certification in their proposed collective action wage and overtime pay lawsuit in Florida federal court. The call center employees claim the company failed to pay them for all of their time spent working in violation of the Fair Labor Standards Act (FLSA). The lawsuit seeks back pay for unpaid hours worked and unpaid overtime for current and former full-time service representatives who worked for One Touch dating back to October 2012.
Call Center Claims
Call centers have been subject to many overtime claims recently. Call center employers have failed to pay employees for time spent performing necessary tasks at the beginning of their shifts, like logging on to the company’s call center programs. The FLSA requires employers compensate employees for all hours worked, including work necessary to the “principal activity” performed before or after a shift. One Touch, which provides call center and direct marketing services, is allegedly one of these call center employers.
One Touch Claim
Angela Isaacs, a former phone service representative, filed the lawsuit in July 2014. According to Isaacs’ claim, One Touch would require employees to arrive before their scheduled shift, yet would not allow them to clock in until their shift began. This allegedly resulted in the call center employees not being paid for at least 10 to 15 minutes each day for “integral tasks” they performed before their shifts.
The employees also claim the company improperly calculated the rate used in determining the overtime that was paid. Under the FLSA, overtime wages should be at least one and a half times an employee’s regular rate of pay. One Touch allegedly did not include the phone service representatives’ commissions when determining their regular rate. An employee’s regular rate of pay should include their hourly wages and any commissions they receive.
Further, Isaacs claims her managers would encourage the service representatives to take 15-20 minute breaks, yet the company only compensated them for 5 minutes. While the FLSA does not require employers provide employees rest breaks, if breaks are provided, the FLSA considers the time, up to 20 minutes, compensable.
One Touch has four call center sites in the Tampa area and had employed over 5,600 service representatives in the last three years. It is likely that the majority of the 5,600 service representatives will receive notice of the conditional certification and their eligibility to join the lawsuit. The notice will also include information that class members could be responsible for a portion of One Touch’s legal fees if their lawsuit is unsuccessful.
In many cases, individuals who file or join an overtime pay lawsuit must weigh the benefit of potentially winning their lawsuit against the potential legal cost if they do not prevail. Our knowledgeable team of overtime pay lawyers will evaluate your claim and discuss your situation and options at no cost to you. Call our experienced legal team today at (855) 754-2795 or complete our Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.