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