Class Action Suit Filed Against Safelite Solutions for Failure to Compensate CSRs with Overtime Pay
August 19, 2010
Two former and one current Safelite Solutions customer service representatives (CSRs) have filed a class action suit against the company and its parent company, Safelite, alleging that the company failed to compensate them with overtime pay when they worked more than 40 hours per week. According to court documents filed in the U.S. District Court for the Southern District of Ohio, Patrick W. Heaps, Joshua Pursley and Richard Ruppert allege that the company requires its CSRs to start their shifts each day by booting up their computer systems, but then omit the time it takes the CSR to boot up the system from its calculation of the hours the CSRs have worked each week. They also allege that the company “fail[s] to maintain records of all the hours so worked by those representatives.”
Heaps worked as a CSR for Safelite Solutions from July 2008, to July 2009, while Ruppert was employed by the company from December 2007 to March 2010. Pursley has worked there since April 2008. All three allege that though they regularly work (or worked) more than 40 hours a week when the time spent booting up their systems is (or was) included, they have not received overtime pay for the additional time spent launching their systems.
The three say that the process of “booting up” to which they refer includes starting their computers, typing in their user names and passwords, opening the relevant computer programs needed, connecting to the main system and completing other administrative tasks necessary to prepare to answer calls, according to the August 13 complaint. The plaintiffs allege this process takes approximately four minutes today currently, though at one time it took up to six minutes, and that Safelite Solutions has “substantially controlled the length of time booting up takes.”
Likewise, Heaps, Ruppert and Pursley claim that the company “characterizes the start of a [CSR’s] work shift as the first minute the representative is fully booted up and ready to receive calls, even though the [CSR] actually started the shift by arriving at work and beginning the booting-up process.”
They go on to allege that the company’s security and computer systems “could easily and accurately record the actual time CSRs arrive for work and begin the process of booting up.”
CSRs are paid hourly and thus, the employees argue not being paid for overtime for this time violates the Fair Labor and Standards Act and/or the Ohio Wage Act, according to the complaint.
Plaintiffs claim the class includes all current or former CSRs employed during the past three years by Safelite Solutions “who, when the time at the start of each scheduled shift they spent booting up is included, worked more than 40 hours a week and were compensated for such overtime work at an amount equaling less than one and one-half times the CSR’s regular rate of pay based on a 40-hour workweek.”
The plaintiffs are seeking compensatory damages “in an amount equal to the difference between the time-and-a-half payments required,” liquidated damages, costs and attorneys’ fees, pre-judgment and post-judgment interest, and an injunction prohibiting further alleged overtime violations.
Safelite spokesperson Jenny Cain says the company currently is investigating the allegations.
“We're conducting an investigation and cannot comment at this time,” she told glassBYTEs.com™/AGRR magazine.
A similar suit alleging overtime pay violations for CSRs was filed recently against State Farm in a Missouri District court.
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