A group of employees at MyExperian, Inc.’s call centers bring this class action against their employer, alleging that they were not paid overtime when they worked more than forty hours in a week. This, the complaint alleges, violates both the federal Fair Labor Standards Act (FLSA) and, for some of the workers, the Arkansas Minimum Wage Act (AMWA).
The FLSA Class for this action is all hourly-paid call center employees, such as supervisors and customer service representatives, who were employed by MyExperian during the class period and worked more than forty hours in any week. The complaint also proposes an AMWA Class for all such employees in Arkansas. The class period runs from March 20, 2015 to the date of judgment in this case.
The employees worked at the Van Buren, Arkansas call center as well as in other locations. The complaint says they were hourly-paid supervisors and customer service representatives who are classified as non-exempt under the FLSA and AMWA.
The complaint claims that employees were told to show up for work fifteen to thirty minutes before the beginning of their shifts in order to log into the computer system, open the programs they needed to use, and speak to agents. Even though this daily time was required as part of their work, the complaint says they were instructed not to record it for payment.
In addition, the complaint claims that at least two or three times a week, employees were on a call when their shifts ended and would have to complete the calls—a process that sometimes took as much as thirty minutes—and then perform related administrative tasks, such as making notes and sending messages, before going through shutting-down procedures.
According to the complaint, the company’s computer system recorded the employees as working from the time they logged in to the time they logged out, but the employees claim that they were told to report only eight hours so that the company did not have to pay overtime. The complaint says there is therefore a difference between the employees’ manual records, which show only forty hours a week, and the hours in the computer system, which show more than forty hours per week.
The complaint estimates that the employees were actually working five to ten hours more per week than they were paid for, and that those five to ten hours were overtime and should have been paid at the overtime rate.