Suit Filed by Safelite CSRs Expanded to Include Sales Reps
November 9, 2011
A class action suit filed against Safelite more than a year ago by a group of CSRs has been expanded to include sales representatives for the Columbus, Ohio-based company, according to court documents. While plaintiffs’ motion to file an amended complaint was denied originally, a first amended collective action complaint was filed last week, after an October 25 hearing vacated the previous order and denial.
The first amended complaint includes the main allegation from the original complaint—that CSRs’ hours are based on their time logged into the company’s phone system, but that they are not paid for the time it takes to boot up their computer systems prior to logging onto the phones. The new complaint takes this a step further, though, claiming that the same scenario is true of sales representatives for the company.
The latest complaint adds a former Safelite sales representative, Thomas Walsh, to the list of named plaintiffs. He alleges that he “was regularly scheduled, when the time at the start of each scheduled shift he spent booting up the computer system and at the end of each daily shift logging off his telephone and booting down is included, to work more than 40 hours a week, and he has not received overtime pay based on the combination of his scheduled hours plus the period after he arrive[d] for his shift, start[ed] the process of booting up and await[ed] the completion of that process.”
The plaintiffs are seeking alleged unpaid wages and overtime, an injunction prohibiting the company from continuing to engage in the alleged overtime violations, pre- and post-judgment interest, attorneys’ fees and liquidated damages.
Plaintiffs also have filed a motion for class certification that could expand the current class—which includes both current and former CSRs from both the company’s Columbus and Chandler, Ariz., facilities—to also include sales representatives from these locations.
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