Many companies operate call centers which may include customer service, help desk, or sales workers. The entitlement to overtime in these positions is usually very clear. And employers regularly deny call center workers overtime wages even though the workers work more than 40 hours a week.

There are different types of violations. For example, many employees believe that if they are paid a salary they are not entitled to overtime wages. But that’s not the test. Even if a call center worker is paid a salary, the employer may owe overtime wages. Another common violation is that employers often require work that is outside of the call center employees scheduled shift or during meal breaks. This work could include speaking on the phone, logging in or out of the computer or telephone system, booting up the computer, taking trainings, following up on emails or help tickets, etc. Employers may also illegally classify the call center worker as an independent contractor and fail to pay the minimum wage, force the worker to pay for business expenses, and fail to record all hours worked and thus underpay the worker.

Unfortunately, wages violations practices continue to plague the industry. Getman, Sweeney & Dunn has successfully sued call centers for their failure to pay overtime at the rate of time and one half for all hours worked over 40.

If you work in this industry and would like to speak with us about whether you were paid all wages you were owed, please send us the information needed by filling out the Industry Inquiry form.