Call Center Overtime Lawsuit Attorney San Antonio, TX
Unpaid Overtime Lawyer for Call Center Workers
At Leichter Law, we understand the importance of fair compensation for call center workers. If you believe you haven’t received proper overtime pay for the extra hours you’ve worked, you have legal options. File a call center overtime lawsuit in San Antonio today by contacting a San Antonio employment lawyer with our law office.
Call 512-495-9995 today to schedule a free consultation about your unpaid overtime wages.
What Are Call Centers?
Call centers are centralized offices or facilities equipped to handle a large volume of telephone calls, typically for customer service, technical support, sales, or telemarketing purposes. They serve as hubs where agents or customer service representatives manage inbound and outbound calls.
These centers often utilize telephony systems, computer software, and customer relationship management tools to handle and track interactions with customers or clients efficiently. Call center agents are trained to assist callers with inquiries, resolve issues, provide information, or sell products/services, depending on the nature of the center.
What Are Call Center Employee Rights?
Call center employees have the right to be paid at least the federal minimum wage. In some states, the minimum wage is higher than the federal minimum, but this is not the case in Texas. The Texas minimum wage is the same as the federal minimum. Overtime pay for hours worked beyond a certain threshold in a workweek is also a right under the FLSA.
Employees have the right to fair work hours and breaks. This might include specific regulations on the number of hours per shift, meal breaks, rest periods, and limitations on mandatory overtime.
Employees have the right to work in an environment free from discrimination based on race, gender, age, religion, disability, or other protected characteristics. They also have the right to be protected from harassment and retaliation for reporting such incidents.
Which Call Centers Does the FLSA Protect?
Federal law, specifically the Fair Labor Standards Act, protects many call center workers. According to the Department of Labor, a call center’s employees are protected “if the annual dollar volume of a call center’s sales or business is $500,000 or more, and the enterprise has at least two employees.”
The FLSA also includes specific employee protections for call centers that do not meet the $500,000 annual amount. Employees who engage in “interstate commerce, the production of goods for interstate commerce, or in an occupation closely related and directly essential to such production” are protected by the FLSA.
Some examples of work duties that nonexempt employees perform in call centers include the following.
- Handling insurance claims
- Ordering or receiving goods from suppliers in other states
- Conducting interstate business calls
- Handling accounting or bookkeeping
How Many Call Center Employees Work in the United States?
According to 2023 statistics, over 470,700 people work in telemarketing and call centers across the United States. Many of these workers are considered non-exempt employees who are entitled to overtime pay under the FLSA.
Which States Have the Highest Number of Call Center Workers?
According to data from the Bureau of Labor Statistics, there are five states that employ the highest number of call center workers in the nation. In descending order, these states are Texas, Florida, California, New York, and Pennsylvania. Despite being protected by the FLSA, many call center workers are the victims of wage theft. Victims should contact a San Antonio overtime attorney as soon as possible.
What Are the Most Common Call Center Wage Disputes?
Many workers at call centers have no idea that they actually qualify for overtime pay. Employers take advantage of this lack of information and exploit their workers by failing to compensate them fairly for the overtime hours they worked. If an employee who is eligible for overtime pay does not receive that pay, their employer could face an unpaid overtime lawsuit.
Are Call Center Employees Eligible for Overtime Compensation?
Many center employees are eligible for overtime compensation under the Fair Labor Standards Act (FLSA). Federal labor laws mandate that covered non-exempt employees, including many call center workers, must be paid overtime at a rate of at least one and a half times their regular pay rate for hours worked beyond 40 in a workweek.
Many call center employees, such as customer service representatives, technical support staff, and sales agents, are often classified as non-exempt employees. They typically perform job duties that fall within the non-exempt category and are entitled to receive overtime pay for hours worked beyond the standard 40-hour workweek.
It’s important for call center employees to understand their classification and their rights regarding overtime pay. Employers must maintain accurate records of hours worked and pay non-exempt employees overtime according to FLSA regulations. If you believe you have been wrongly classified or that your employer has not paid you the overtime you earned, contact a San Antonio employment lawyer as soon as possible.
Is Pre-Shift and Post-Shift Work Compensable?
Many call center workers take time before or after their shifts to perform important work-related tasks. Even working 30 extra minutes before or after a shift each day can quickly add up to several overtime hours over a few weeks.
Non-exempt employees who work over 40 hours in a workweek are eligible for overtime pay. If you believe that your employer has shorted you, contact the team at Leichter Law as soon as possible. We will evaluate your situation and help you file an unpaid wages lawsuit to recover what you are owed.
Pre-Shift Unpaid Overtime
Activities performed before an employee’s scheduled shift, such as setting up equipment, logging into computer systems, attending meetings or briefings, or any other tasks that are integral and necessary to the job, are likely compensable. If these activities are required or allowed by the employer and are an essential part of the job, an employee is entitled to overtime pay for this work.
Post-Shift Unpaid Overtime
Similarly, tasks performed after an employee’s scheduled shift, such as completing work-related tasks, finishing up paperwork, attending meetings or briefings, or any other activities that are necessary and directed by the employer, may also be compensable. Employees working overtime to complete these tasks should be compensated appropriately.
How Can Call Center Workers File Unpaid Overtime Claims?
We strongly recommend seeking help from a skilled San Antonio unpaid overtime lawyer for your claim. An attorney with our firm will have a deep understanding of all unpaid overtime laws that apply to your situation, and we can fight for the compensation you deserve for your hard work. After speaking with an attorney, we recommend taking the following steps.
Begin by collecting and organizing all relevant documentation. This includes your work schedules, timesheets, pay stubs, and any records that indicate the hours you’ve worked beyond the standard 40-hour workweek. Accurate records are crucial in supporting your claim.
Confirm whether you are classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Non-exempt employees are entitled to overtime pay for hours worked beyond 40 in a workweek, while exempt employees are not eligible for overtime.
Pursue legal action through a lawsuit against your employer to recover unpaid overtime wages. Leichter Law will guide you through this process, representing your best interests and advocating for fair compensation.
Throughout the process, it’s essential to keep records of all communications with your employer regarding overtime, as well as any retaliation or adverse actions taken against you for pursuing your rightful compensation.
How Much Can Workers Recover from an Unpaid Wages Claim?
The amount that workers can recover from an unpaid wages claim varies based on several factors. Examples of these factors include the circumstances of the case, the applicable state and federal laws, the amount of unpaid wage, and the type of wage violation. Workers who successfully pursue unpaid wages claims may be entitled to different types of compensation, including the following.
- Unpaid Wages: This includes the actual wages that the employer did not pay. For instance, if an employee worked overtime hours but were not compensated appropriately, the unpaid overtime wages would be part of the claim.
- Liquidated Damages: In cases where an employer’s violation of wage laws is found to be willful or intentional, employees may be entitled to an additional amount equal to the unpaid wages as liquidated damages. Liquidated damages serve as compensation for the delay in payment and deter future violations.
- Attorney’s Fees and Legal Costs: If the court or the labor department rules in favor of the employee, the employer may be required to cover the employee’s attorney fees and legal costs.
Can Employers Fire Workers for Filing FLSA Claims?
No. Under the Fair Labor Standards Act, it is illegal for employers to retaliate against employees for asserting their rights to minimum wage, overtime pay, or other protections provided by the FLSA. This means employers cannot terminate, demote, harass, or otherwise discriminate against employees who file FLSA claims or participate in investigations related to FLSA violations.
Why Choose Leichter Law for Your Claim?
At Leichter Law, we stand out as the premier choice for those seeking to file unpaid overtime claims in San Antonio. Our unparalleled expertise and exceptional track record in labor and employment law are what set us apart from other employment law firms.
Another distinction that sets us apart is the fact that we have a board-certified employment lawyer who specializes in labor and employment law. This is an exceptional and rare credential in the legal field.
In the realm of employment law, having a board-certified attorney in labor and employment law signifies a level of expertise and commitment to excellence that few law firms can match. This certification demonstrates an attorney’s extensive knowledge, proficiency, and substantial experience in handling complex labor and employment matters, including unpaid overtime claims.
Leichter Law’s board-certified employment attorney, David Langenfeld, possesses an in-depth understanding of the intricate nuances of employment laws. This includes the Fair Labor Standards Act (FLSA) and other relevant regulations governing overtime pay, wage violations, and employee rights. His expertise ensures that clients receive top-tier legal representation with a specialized focus on labor and employment law matters.
By choosing Leichter Law in San Antonio, individuals seeking to file unpaid overtime claims can benefit from the unparalleled expertise, specialized knowledge, and unwavering dedication of a board-certified employment attorney who is committed to securing the rightful compensation owed to employees.
Call an Unpaid Wages Attorney with Leichter Law Today
At Leichter Law, we are committed to helping call center workers protect their rights and receive the compensation they deserve. A dedicated San Antonio overtime lawyer with our team is here to support you through every step of the process, advocating for fair treatment and proper compensation for your hard work.
If you believe you’ve been denied proper overtime pay, call Leichter Law today at 512-495-9995 for a free consultation. Along with call center workers, our attorneys also represent healthcare workers, independent contractors, custodial workers, oilfield workers, and tipped employees in unpaid overtime claims.
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