Staffing agency Apex Systems, LLC and Dell Marketing Corp., which operates a call center in Nashville, are on the receiving end of a proposed class and collective action seeking allegedly unpaid wages for “off-the-clock work activities.”
The plaintiff, who was hired by the staffing agency to work at the Nashville call center, was employed by the defendants as a “helpdesk representative” from October 2017 to May 2018. She alleges that the defendants’ timekeeping system failed to accurately record all hours worked, and that she and other employees were “instructed, required, and/or permitted” to perform unpaid “off-the-clock” work before their shifts. From the complaint:
“Defendants require the Dell Call Center Workers to be ready to handle calls at their scheduled start time. To be ready to do so by their scheduled start time, the Dell Call Center Workers arrive at their workstations before their scheduled start time to perform integral and indispensable preparatory tasks, including, without limitation: (a) turning on and / or booting up their computers; (b) starting up various programs, applications, and systems; (c) logging onto various programs, applications, and systems; (d) reading emails, updates, and/or training material; and (e) completing other essential tasks.”
The lawsuit alleges that the plaintiff and other employees spend several minutes each workday performing these “off-the-clock” activities, which are necessary to begin making calls at their scheduled start times.
In sum, the lawsuit claims that the defendants violated federal and state labor law by failing to compensate the plaintiff and other call center employees for all hours worked, including those allegedly worked in excess of 40 hours per week that would require time-and-a-half compensation.