Xerox Corporation is under fire from a former call center customer service employee for allegedly failing to pay her for all time worked, including overtime, and for intentionally failing to pay the wages due her upon termination. The defendants are Xerox Corporation, Affiliated Computer Services, Inc., and Affiliated Computer Services, LLC and are here referred to collectively as “ACS”.
The plaintiff, Tiffany Hill, worked as a call center customer service employee for ACS beginning in September 2011 and was employed until April 2012. She alleges that, instead of recording and tracking all hours worked, ACS only records and tracks time in which call center customer service employees are logged into ACS’s phone system and taking calls or in special training sessions. However, ACS allegedly, on a daily basis, required call center customer service employees to perform pre-shift work including finding an open computer terminal, activating the computer by entering a username and password, opening multiple programs required for their work (including the customer call database, the employee “notepad program”, the “Doorways” program, the phone call “timer”, the IEX schedule, the department phone number spreadsheet for transferring calls, and the ACSS customer database) and waiting for all necessary programs to load, all before officially logging in to the phone system to “start” their scheduled shift. During training, ACS allegedly stressed to their call center customer service employees that they must arrive at work 15 minutes prior to the beginning of their shift in order to complete their pre-shift work before taking their first call. If call center customer service employees were not logged on to the phone system and taking their first call at the scheduled time, they received “points” which led to discipline, up to and including termination.
ACS also allegedly required its call center customer service employees to perform unpaid post-shift work after logging out of ACS’s phone system and officially “ending” their shift. This post shift work included closing the various programs on their computers and signing out of their computers. These post-shift duties required 10-15 minutes to complete, time for which the employees were allegedly not paid. Additionally, ACS allegedly required its call center customer service employees to perform unpaid “call-backs” to customers outside of the employee’s scheduled shift time using a special code on the phone system for such tasks.
The class is defined as “All current and former employees of Defendants Xerox Corporation, Livebridge, Inc., Affiliated Computer Services, Inc., and/or Affiliated Computer Services, LLC who have worked at any of Defendants’ call centers in the State of Washington as Customer Care Assistants, Customer Care Representatives, Customer Service Representatives, Customer Service Associates, or in other similar positions between April 24, 2008 and the date of final disposition of this action”. Ms. Hill believes that the class could potentially consist of 3000 current or former employees of ACS.
The Class Action lawsuit is seeking certification of the proposed class, a declaration that the defendants are financially responsibly for notifying all class members of its wage and hour violations, the appointment of Ms. Hill as representative of the class, enjoining the defendants from engaging in the illegal conduct herein alleged, awarding the class compensatory damages, attorneys’ fees and costs, and prejudgment and post-judgment of interest.
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