Florida overtime lawyer

Are Call Center Employees Covered Under The Fair Labor Standards Act (FLSA) ?

What is a call center?

A call center is a central customer service operation where agents (often called customer care specialists or customer service representatives) handle telephone calls for their company or on behalf of a client. Clients may include mail-order catalog houses, telemarketing companies, computer product help desks, banks, financial services and insurance groups, transportation and freight handling firms, hotels, and information technology (IT) companies.

What are the requirements for a call center to be covered by the FLSA?

If the annual dollar volume of a call center’s sales or business is $500,000 or more, and the enterprise has at least two employees, all employees of the enterprise are covered by the FLSA on an “enterprise” basis. An enterprise may consist of one establishment, or it may be made up of multiple establishments.  Additionally, the FLSA also provides an “individual employee” basis of coverage. If the gross sales or volume of business done does not meet the requisite dollar volume of $500,000 annually, employees may still be covered if they individually engage in interstate commerce, the production of goods for interstate commerce, or in an occupation closely related and directly essential to such production. Interstate commerce includes such activities as transacting business via interstate telephone calls, the Internet or the U.S. Mail (such as handling insurance claims), ordering or receiving goods from an out-of-state supplier, or handling the accounting or bookkeeping for such activities.

Do call center employees qualify for overtime pay under the FLSA ?

Yes, in most cases. Covered nonexempt employees are entitled to be paid at least the federal minimum wage as well as overtime pay at time and one-half their regular rate of pay for all hours worked over 40 in a workweek. (This may not apply to certain executive, administrative, and professional employees, including computer professionals and outside sales people).

What are some typical problems that happen at call centers?

Hours Worked:  Covered employees must be paid for all hours worked in a workweek. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work. An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails.

Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in the industry (and promote employee efficiency), and must be counted as hours worked. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time as long as the employee is relieved from duty for the purpose of eating a regular meal.

Recordkeeping: A daily and weekly record of all hours worked, including time spent in pre-shift and post-shift job-related activities, must be kept.

Salaried Employees: A salary, by itself, does not exempt employees coverage of the FLSA. Whether employees are exempt from  minimum wage and/or overtime depends on their job duties and responsibilities as well as the way compensation is made. Sometimes, in call centers, salaried employees do not meet all the requirements specified by the regulations to be considered as exempt.

There have been some lawsuits brought recently to recover unpaid overtime pay and pay for work done off the clock. For example,  Sprint/United Managment Co. agreed to a $9 million settlement for overtime pay and APAC Customer Services, Inc. agreed to a $4 million payment for overtime to cover time spent logging into the computer system, performing clerical duties and reviewing company notices prior to logging into the company’s timekeeping system.

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If you think you may have a claim or would just like more information about wage labor laws please call  (954) 946-8130 or  submit the confidential “contact us” form below which will arrive at our law offices instantly.    If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties as well as many other counties throughout Florida.

Accounting Employer fails to dot his i’s and owes fired H1B worker $165K+ in back wages

The OALJ  Judge’s decision set forth the following:

“Ganze & Co. (Ganze) made a labor condition application with two inherent components, and wants to ignore half of what it did. Its primary focus was to have a worker. Because Limanseto, the Prosecuting Party, never did its work during the application‘s three year term, it bridles at the suggestion it should pay him a dime. But then there is the immigration half of the story, the half that requires Ganze to pay, with no offsets.”

“The H-1B visa didn‘t make Limanseto an indentured servant. Both he and Ganze remained free to end the relationship that served as the basis for his immigration status; when it ended, both had to deal with the consequences. The parties agree, and I find, that about six weeks before the October 1, 2008 start date its labor condition application had proposed—on August 14, 2008—Ganze ―ended the employment relationship. That part of Ganze‘s proof may be sufficient to end the employment under state law, but won‘t suffice to end its federal liability.”

“The Department also observed that the employer, at any time, may terminate the employment of the worker, notify INS, and pay the worker‘s return transportation, thereby ceasing its obligations to pay for non-productive time under the H–1B program.”

The court found that even the employer fired the employee,   because the employer failed to inform INS of the termination and did not pay the H1B employee’s fare back to the home country, his obligation to pay wages did not terminate at the time of firing. The Court also ordered the employer to pay back the original cost of obtaining the H1B visa to the fired employee.

The court ordered:

It is ordered that within 30 days:

1. Ganze must pay the Administrator for distribution to Limanseto back wages from October 1, 2008 at the rate of $25.30 per hour for 40 hours per week, payable monthly, for 154.5774 weeks;

2. Ganze must pay the Administrator for distribution to Limanseto $1,500 to reimburse Limanseto for what he paid in March 2008 as legal fees associated with preparing the labor condition application and form I-129Petition for a Nonimmigrant Worker;

3. Ganze must pay pre-judgment interest and post-judgment interest on these amounts at the Federal Short Term Interest rate plus 3%, as specified in 26 U.S.C. § 6621, compounded quarterly.

This blog is sponsored by the Law Office of Rose H. Robbins, established in 1987 and located in Boca Raton, Florida, which serves clients all over Florida.   The firm concentrates in the following areas: Employment Law &  Immigration. Rose H. Robbins is fluent in Spanish and French.  Tel: (954) 946-8130.  Email: rose (at) roserobbins.com

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You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential form below. If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.