Call centers serve many different types of businesses, including restaurants and catering services. A new class action lawsuit alleges that call center agents jointly employed by Adecco and Restaurant Revolution Technologies, Inc. (RRT) to take telephone takeout and corporate catering orders were cheated out of wages and overtime pay in violation of the federal Fair Labor Standards Act (FLSA).
RRT “Virtual Servers”
RRT operates a restaurant-specific call center service, utilizing home-based telephone representatives – “virtual servers” – directly employed by Adecco. Virtual servers are connected to RRT’s computer programs and systems via remote connections from their homes in:
- North Carolina
- South Carolina
- West Virginia
RRT Wage Theft & Abuse
Virtual servers are full-time, hourly workers. According to the class action complaint, RRT failed to pay them for all the time they incurred on the job in violation of the FLSA. They claim that RRT and Adecco, as joint employers, withheld compensation for time spent:
- Loading several essential software programs on their computers before they could then become available to accept calls;
- Performing “off-the-clock work” during their shifts when they encountered technical difficulties with RRT’s software programs and applications;
- Shutting down and logging out of the essential computer software as required at the end of their shifts.
Additionally, the plaintiffs allege that RRT implemented a non-discretionary bonus plan that entitled virtual servers to additional pay for each successful voice order, but the company failed to add those bonuses into the calculation of their regular rates of pay for all hours worked in a given pay period.
The suit alleges that RRT’s unlawful pay practices were company policy. In fact, RRT’s off-the-clock work requirements are so entrenched within its corporate culture that it openly communicated these illegal policies to its virtual servers.
Each virtual server’s unpaid time was significant, often several minutes every day that then pushed their total weekly hours beyond 40 hours – time for which they should have been paid overtime at time-and-a-half.
Are You an RRT Virtual Server Who Has Been Robbed of Wages and Overtime?
The attorneys in Sommers Schwartz’s Wage & Hour Litigation Group are currently interviewing current and former virtual servers jointly employed by RRT and Adecco at any time during the last three years. If you suspect that you were a victim of wage theft and abuse while working in RRT call center operations, please contact us to discuss your experience and the right to possible damages.