Sommers Schwartz, P.C. is investigating a possible lawsuit against the Xerox Corporation that involves an alleged violation of the Fair Labor Standards Act.
Xerox, the well-known global corporation that offers business services and document technology products, employs a number of hourly at-home support agents. Reports suggest that Xerox’s at-home support agents are required to boot-up their computers, connect to a virtual private network (VPN), and open or load various applications and programs before they are able to clock-in. As a result, the at-home support agents perform between five (5) and thirty (30) minutes of work off the clock at the start of each day. Similarly, at the end of each day, the at-home support agents clock out before they close out of applications and programs, which results in additional off-the-clock work.
Workers who may be impacted have job functions that include:
- Customer Care
- Technical Support
- Data Entry/Verification
- Image Tagging
- Quality Control
- Systems Development
- Software Programming
- Administrative & Business Support
The U.S. Department of Labor has stated that employees must be paid for all time an employee is required to be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity to the end of the last principal activity of the workday. In particular, the first principal activity of the workday for employees working in a brick-and-mortar or virtual (at-home) call center includes starting the computer to download work instructions, computer applications, and work-related emails.
In addition to Xerox’s alleged failure to pay for compensable work activities at the beginning and end of each day, Sommers Schwartz is also investigating claims that pertain to Xerox’s failure to compensate at-home support agents for time lost due to connectivity or system issues. The at-home support agents must be paid when they are clocked-out of Xerox’s time keeping system and forced to wait due to technical difficulties with the employer’s system. Xerox may have failed to add this lost time back into the at-home support agent’s pay.
The attorneys in Sommers Schwartz’s Employment Litigation Group are currently interviewing individuals employed as at-home support agents to see if their rights have been violated and if they are entitled to back pay and other damages. If you have information related to suspicious “off the clock” pay practices, we encourage you to contact us today!