Elizabeth Longoria and Melissa Gomez have become the lead plaintiffs in a class action lawsuit against defendant American Automobile Association (AAA). The class action complaint alleges the association violated the Fair Labor Standards Act (FLSA) and the Arizona Wage Act. The plaintiffs are seeking unpaid overtime wages, liquidated damages, interest, as well as attorney fees and costs.
According to the complaint, the plaintiffs and other customer service representatives (CSRs) were not paid for time spent working off of the clock. However the tasks performed were classified as “integral work” by the plaintiffs.
The plaintiffs allege that they were “required to work ‘off-the-clock’ whereby they performed integral work prior to the start of their scheduled shift and while ‘clocked out’ without any compensation, including overtime pay” and that they were required to perform tasks that included clearing computer cookies and opening maps and customer information software on their computers prior to the start of their shifts. According to the complaint the tasks amounted to two and a half hours of work weekly in addition to their regular 40-hour workweek.
“The process took about 30 minutes due to AAA’s underperforming computers, [that] the CSRs often had to restart … several times,” a portion of the class action complaint reads.
The plaintiffs also claim AAA’s timekeeping system created discrepancies, because each CSR was responsible to record their own hours worked. They also had to sign in and out of the association’s phone system, which according to the complaint, allowed for instances where an employee might forgot to sign out of the phone system during a break or at the end of shift. Failure to keep an accurate time sheet resulted in the employee being out of conformance, according to the class action complaint.
AAA did not respond to the allegations in the class action complaint as of press time.
Look to a future edition of glassBYTEs for continued coverage of this suit.