Settlement Reached in GC Services Call Center Overtime Lawsuit
The law firms of Stueve Siegel Hanson LLP and Weinhaus & Potashnick filed a class and collective action lawsuit seeking unpaid regular and overtime wages on behalf of call center employees who primarily work on the telephones speaking with customers. These employees worked in call center facilities located across the country and operated by GC Services Limited Partnership.
The lawsuit alleged that GC Services consistently violated federal and state wage and hour laws by failing to pay its call center employees all earned wages and overtime and by failing to accurately record all time worked pre-shift and post-shift and over their unpaid lunch breaks. Examples of the alleged unlawful practices include requiring employees to work "off-the-clock" by not paying for pre-shift work such as booting up and logging in to computer terminals, accessing a variety of computer applications and programs, skip tracing, as well as other tasks integral and indispensable to their primary job duties. The lawsuit was brought under federal law, the Fair Labor Standards Act, and is on behalf of all current and former GC Services call center employees who are or were paid hourly at any GC Services facility across the United States.
The United States District Court for the Western District of Missouri certified the case as a collective action and notice was sent to all eligible employees informing them of their right to join. The period the case closed on June 1, 2011. Plaintiffs also filed a motion to certify the case as a class action under California law in the spring of 2011.
In the fall of 2011, the Parties reached an agreement to settle both the Missouri FLSA action and the California Rule 23 class action. The Western District of Missouri Court approved the FLSA settlement and funds have been distributed to the individuals who opted-in to the lawsuit. After holding a Final Fairness Hearing, the California Rule 23 class action settlement was approved in the United States District Court for the Southern District of California. Settlement funds will be distributed to eligible California class members in July.
