Another class action wage and hour lawsuit has settled outside of court. A class of current and former employees of Convergys Corporation and Convergys Customer Management Group Inc., a customer management form, have agreed to settle the lawsuit for $4.5 million.
The lawsuit was filed by Carla M., Lisa W., and Gary C., all of whom worked, or still work, for Convergys. They filed the lawsuit on behalf of themselves and all other employees of Convergys who allegedly had their rights as employees violated.
The class action wage and hour lawsuit alleges Convergys failed to pay employees for all the hours they worked, including overtime. According to the lawsuit, employees were allegedly required to perform certain responsibilities before and after their shifts. They were allegedly not paid for the time spent performing these mandatory, work-related tasks, and because they performed them outside their scheduled shifts, the time spent on them qualified as overtime.
Under the federal Fair Labor Standards Act (FLSA), all hourly employees are entitled to one and one-half times their normal hourly rate for all overtime they work. The Act defines overtime as any time spent working after eight hours a day or forty hours a week. Some employees can legally be held exempt from overtime compensation, but the law is very specific about the types of employees that can qualify for the exemption.
The FLSA does not require employers to provide their workers with breaks throughout the day, but some cities and states do make breaks mandatory, and companies conducting business in the U.S. need to be aware of all the relevant labor laws in their area. Even businesses who choose to provide their workers with breaks, regardless of whether or not the law requires them to, need to be careful if they are not paying their employees for that break time.
The wage and hour class action lawsuit alleges the employees of Convergys were required to perform work-related tasks before and after their meal breaks. These tasks allegedly cut into the employees’ meal breaks, for which they were not paid. This extra work time, added on to the employees’ regular shift schedules, constituted overtime, for which they should have been paid the premium overtime rate.
Convergys has continued to deny all the allegations the wage and hour lawsuit charged them with, but they have agreed to settle the class action lawsuit in order to avoid the uncertainty and expense of further litigation. Even if Convergys is successful in pursuing the class action wage and hour lawsuit in court, it could get stuck with thousands, if not millions of dollars in attorneys’ fees and legal costs as large lawsuits like this one can drag on in the courts for years. The company is better off settling with the defendants and avoiding a conviction.
The settlement covers all current and former hourly employees who worked in a customer-service related capacity for Convergys. This includes agents, customer service representatives, and problem resolution representatives who worked for the company between May 16, 2011 and August 28, 2015. Telecommute Agents are not included in the class.
The amount each class member will receive will depend on their individual claim, but it can be no less than $65 and no more than $10,000.The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases, including overtime, vacation pay, meal breaks, and tips against Pest elimination server providers, Banks, Mortgage Brokerage, Real-Estate Brokerages, financial services companies and private security firms. We have offices conveniently located in Oak Brook and Chicago, Illinois. Contact the Arlington Hts. and Roselle overtime lawyers and attorneys at the Chicago Overtime Law Center today at 312-869-4095. We are looking to represent various specialists such as pest elimination personnel, financial advisor associates, appraisers, loan and mortgage brokers who have not been paid overtime and have been mis-classified as managers.