Reports have surfaced that that staffing industry giant Kelly Services is allegedly withholding overtime pay from call center agents in violation of the federal Fair Labor Standards Act (FLSA) and state labor laws.

In the past, home-based customer care agents have sued their employer, claiming they were classified as non-exempt employees in the company’s effort to avoid paying overtime. New allegations are being raised by onsite, “brick and mortar” agents with similar complaints.


Along with suspected misclassification the onsite call center agents are reporting that they are required to complete a number of tasks before, during, and after their established work shifts, yet are not paid for all of these activities, which include:

  • Booting up and logging into necessary computer programs and applications at the start of the workday – but before their shifts begin;
  • Logging out of and shutting down programs and applications – after their shifts end.

These actions can exceed 20 minutes each day, yet agents are only compensated for 10 minutes of this time pursuant to Kelly’s policy.

Failing to pay employees for “off the clock” work – which often constitutes overtime warranting time-and-a-half – is illegal, and the employer should be held accountable. The attorneys Sommers Schwartz’s Employment Litigation Group are currently interviewing current and former call center agents who have worked at Kelly Services locations to learn about their concerns about wage abuse and unpaid overtime. If you have information that would assist our investigation, please contact us today!

Kevin J. Stoops

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Kevin J. Stoops

Kevin Stoops is an experienced trial attorney who appears frequently in Michigan state courts and federal courts across the United States, representing clients in complex business litigation. He has vast experience and a track record of successful outcomes high-dollar matters involving trade secret, business tort, intellectual property, executive employment, and class action claims.