CSRs Attempt to Expand Suit Against Safelite

August 30, 2011

Several Safelite Solutions customer service representatives (CSRs) who filed suit against the company last August for allegations related to overtime pay are looking to expand the suit to include sales representatives, according to a recent motion filed in the case in a federal court in Ohio. The motion seeks to allow the plaintiffs to file an amended complaint.

The plaintiffs define CSRS as those who "receive calls from existing customers seeking the benefits of their various insurance policies," while sales representatives "receive calls from potential customers considering whether to purchase auto glass and related products." However, they allege that sales representatives utilize a similar phone system and that their "claims are identical in all material respects to those of the CSRs."

In addition, the amended complaint would also expand the focus of the suit.

While the original suit focused on the time CSRs spend booting up their computers each day and the allegation that this time is not calculated into their pay, the plaintiffs say they also would like to seek compensation for the time spent "locating a working computer in a vacant cubicle, securing a headset or other equipment essential to using that computer."

The plaintiffs allege that all of the time spent on these items "was omitted from [Safelite's] calculation of the hours worked each week."

The plaintiffs, which currently include more than 200 current and past Safelite Solutions CSRs, also are attempting to add "a count for spoliation of existing documents maintained on defendants' software programming and elsewhere committed by [Safelite] to block plaintiffs' proof and to corroborate defendants' misrepresentation that a different logging in and out procedure was announced and followed."

They define spoliation as "the intentional destruction of evidence that is presumed to be unfavorable to the party responsible for the destruction" and further allege that Safelite "changed [its] practices shortly after this lawsuit was commenced."

As part of this claim, plaintiffs allege that shortly after the suit was filed a document called "Key Performance Indicators Fact Sheet #69" that addressed how CSRs' computer and telephone performance was "deleted off [sic] the system by Safelite."

At press time, the court had not yet ruled on the plaintiffs' motion to file the amended complaint.

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