Call Center Operators Overtime Pay Attorney
Customer service representatives are a valuable asset to any business. With the right training, they can take hostile situations with difficult customers and calm them while helping to resolve their concerns. Many of these individuals work in call centers that are sourced by businesses to connect in mass with their customers. Unfortunately, employers often take advantage of overtime hours for these employees. With the help of a call center operator’s overtime pay attorney, you can fight back.
At Ferraro Vega San Diego Employment Lawyers, we know that you deserve someone in your corner who is fighting for your rights. Our knowledge and experience with employment law, specifically the Fair Labor Standards Act, helps us put the needs of our clients first. We push back against employers who look to take advantage of their employees who may not understand the law.
Overtime Pay Issues for Call Center Employees
With the variety of occupational industries, overtime laws apply to many Californians; however, each industry faces its own unique challenges, and this is certainly true for call center employees. One of the most prevalent challenges is when an exemption is used improperly, commonly misclassifying an employee.
The classification of an employee determines whether they are to earn overtime or not, even if they earn an hourly wage. Misclassifications occur when an employee is categorized and compensated incorrectly.
For example, an employee may be misclassified as an independent contractor. If an employer categorizes an employee this way, they are not required to pay them overtime because they are considered contract workers who are not employees of the company but rather work for themselves.
Another classification issue is when employers in California designate their employees as administratively exempt from overtime. This cannot simply be applied to any employee, as the employer must show certain requirements have been met. These requirements include:
- An employee is required to be paid a minimum of $684 per week
- The primary work the employee is tasked with must occur in an office that is aligned more with managerial work of business operations
- The employee must be in a position and their work completed under their own independent decision-making with significance to the company
In other words, an administrative exemption applies when an employee, although hourly, is compensated at a rate equal to the managerial work for which they are tasked to do. Workers who are not in decision-making roles within the company do not qualify for this. There are employers that will try to circumvent these requirements by paying employees a salary. However, that alone is not enough to qualify for the exemption.
In call centers, another common approach to avoiding overtime pay is to treat employees as commissioned salespeople. While some call center employees may work for commissions, there are still other requirements that must be met before an employer can avoid paying that employee overtime compensation. These include:
- The company the employee represents must be in the service or retail industry
- The compensation that an employee receives for their regular wages must be at least one and a half times greater than the state or federal minimum wage, whichever is greater
- More than half of the employee’s compensation must come directly from commissions
These are common ways of avoiding overtime pay that some employers attempt to use to circumvent the wage laws. Additionally, an employer may ask an employee to complete work-related tasks off the clock. In these cases, the employee is not being compensated for the work they are completing, but they are entitled to that compensation. This work may not seem significant, but it is often time-consuming and adds up quickly such as:
- Turning on computers, organizing materials, or preparing workstations for the day
- Taking time to prepare notes for the day
- After the completion of calls, continue working on paperwork
- Catching up on reading company memos, policies, or updated procedures
- After the completion of calls, continue working on paperwork
- Working through a designated lunch break to which the employee is entitled to
These types of tasks, as well as others that are completed off the clock but for the benefit of the employer, are against employment law, and you are entitled to earn compensation.
Call Center Operators Overtime Pay Attorney
You should be accurately compensated when earning a living for yourself and your family. Working in a call center can be a rewarding and fulfilling way to pay your bills and support yourself. Unfortunately, you may be working for an employer that is taking advantage of your time without providing you with the proper compensation, and they may owe you back pay.
If you feel your employer has violated your employment rights, including neglecting to pay you proper overtime compensation, you deserve to have an employment attorney on your side who can help you fight back.
Whether you have already documented and confronted your employer in an effort to resolve the matter or not, the attorneys at Ferraro Vega San Diego Employment Lawyers can help. We can investigate your case, help you gather crucial evidence, and protect you from retaliation. Contact us today, and let us help you get the compensation you deserve.