ClientLogic Call Center Lawsuit

Frequently Asked Questions

• What is this lawsuit about?
• Why did I receive a Notice of the Lawsuit?
• What are Plaintiffs asking for?
• Who are the “Named Plaintiffs” and what is their role?
• What are my options?
• How do I know if I’m eligible to join?
• What do I need to do to become a part of the lawsuit?
• Will I be required to do anything else once I join the lawsuit?
• Do I have to pay for legal representation?

What is this lawsuit about?

Plaintiffs are current and former telephone customer service employees for ClientLogic. They allege that ClientLogic failed to pay its telephone customer service employees for all work they performed, including tasks performed before they were ready to take a call from a ClientLogic customer. For example, Plaintiffs say that ClientLogic did not pay them for the time that employees spent at the start of their shift finding a desk, booting up the computer system, logging in to computer applications, checking e-mails and updates, and reviewing the “to do” list of open cases. Plaintiffs allege that ClientLogic failed to pay its customer service employees for these same duties during unpaid meal breaks and at the end of the day.

ClientLogic says that it has properly paid current and former employees for all work they performed, including paying them for all overtime due, and denies that any current or former employees are entitled to any additional compensation or other relief. Accordingly, ClientLogic denies that it has violated any laws.

*The Honorable William M. Skretny, a Judge in the United States District Court for the Western District of New York, is overseeing this lawsuit. The lawsuit is known as Hens, et al. v. ClientLogic Operating Corp., Case No. 05-CV-381S.

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Why did I receive a Notice of the Lawsuit?

You received a Notice of this lawsuit because, according to ClientLogic’s records, you currently or previously worked for ClientLogic as a telephone customer service employee. You have legal rights and options that you may exercise before the Court holds a trial, which may be necessary to decide whether the claims being made against ClientLogic are correct.

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What are Plaintiffs asking for?

Plaintiffs are seeking to recover unpaid wages, including overtime, for work they say they performed “off the clock.” Plaintiffs also seek “liquidated damages,” which may double the amount of overtime owed. Plaintiffs also seek recovery of costs and attorneys’ fees.

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Who are the “Named Plaintiffs” and what is their role?

The named plaintiffs worked for ClientLogic as customer service representatives. They act as representatives for everyone who joins the lawsuit. In that capacity, they make decisions on your behalf about the case. * They make decisions about the way the case is litigated * They enter into an agreement with Plaintiffs’ counsel regarding payment of attorneys’ fees and court costs * They approve any settlements, and all other matters pertaining to this lawsuit These decisions and agreements made and entered into will be binding on you if you join the lawsuit.

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What are my options?

You may join this lawsuit. If you choose to join, you will be bound by any ruling, settlement or judgment, whether favorable or unfavorable. You will also be bound by, and may share in, any settlement. By joining this lawsuit, you designate the named Plaintiffs as your representatives.

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How do I know if I’m eligible to join?

To be eligible to join this lawsuit:

A: You must have been employed by ClientLogic as a telephone customer service employee who (1) was employed at any time from December 21, 2003, to the present AND (2) worked at one of the following facilities during that time: Norman, Oklahoma; Starkville, Mississippi; or Lake City, Florida.

OR

B. You must have been employed by ClientLogic as a telephone customer service employee who (1) was employed at any time from May 31, 2002, to the present, AND (2) worked at one of the following facilities during that time: Buffalo, New York; Bartlesville, Oklahoma; Kingstree, South Carolina; or Las Vegas, Nevada.

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What do I need to do to become a part of the lawsuit?

If you choose to join this lawsuit, it is extremely important that you read, sign and promptly return the Consent to Join Form. An addressed and postage paid envelope is included with the Notice you received for your convenience. Should the enclosed envelope be lost or misplaced, the Consent to Join Form must be sent to:

The signed Consent to Join form must be postmarked by January 23, 2008. If your signed Consent to Join Form is not postmarked by January 23, 2008, you will not participate in a recovery obtained, if any, against ClientLogic in this lawsuit.

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Will I be required to do anything else once I join the lawsuit?

While this suit is pending, you may be required to provide information, appear for a deposition, or otherwise participate in the action.

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Do I have to pay for legal representation?

No. You do not have to pay anything out of pocket to the lawyers representing you, even if the case is not successful. The named Plaintiffs have entered into a contingency fee agreement with Plaintiffs’ counsel.

Under the agreement, if Plaintiffs are successful, Plaintiffs’ counsel will receive a percentage of any settlement. If Plaintiffs are unsuccessful, plaintiffs’ counsel will bear responsibility for costs and expenses of the litigation and will not seek payment from any person who joined this case.

*A copy of the contingency fee agreement executed by the named Plaintiffs may be obtained upon request from Plaintiffs’ counsel identified below.

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