On June 26, 2007, a former Contract Home Agent filed a collective action complaint in the United States District Court for the Southern District of Georgia against West Telemarketing seeking to represent not only herself, but other similarly situated individuals. On May 21, 2008, the federal court conditionally certified the case as a collective action to cover all present and former Home Agents who worked for West Telemarketing from July 1, 2005 until the present. The potential number of putative class members is over 31,000 people.
The lawsuit alleges that Contract Home Agents were improperly classified as “independent contractors” by West Telemarketing when they should properly have been classified as “employees,” and that as a result: (1) they did not always receive the equivalent of the federal minimum wage for employees, and (2) they worked more than 40 hours during some weeks and were not paid the federally required overtime rate of pay for employees. The Plaintiff alleges that by not paying her correctly, including not paying her for time spent training, West Telemarketing violated the Fair Labor Standards Act of 1938, 29 U.S.C. §216(b).
Of course, West Telemarketing denies these allegations and is opposing Plaintiff’s claims.
A final court ruling has not been issued on the merits of these cases.