On December 5, 2013, Outten & Golden and its co-counsel Shavitz Law Group filed a collective action lawsuit against Xerox Corporation and TMS Health. The case alleged that TMS and Xerox instructed their call center workers not to record time that they spent on training and other work that they performed outside of their scheduled shifts, and sought overtime under the Fair Labor Standards Act (“FLSA”). The plaintiffs sought collective action status.
Outten & Golden and Shavitz Law Group also represented dozens of Xerox and TMS workers in individual arbitrations alleging the same claims before the American Arbitration Association.
Outten & Golden has represented call center workers in several similar lawsuits. Cases against HSBC, TeleTech, JP Morgan Chase, GEICO, and ClientLogic are part of an industry trend of requiring low-paid call center workers to work outside of their scheduled shifts without compensation or overtime pay, in violation of the FLSA and state wage and hour laws.
On July 15, 2015, the Court granted the parties’ Joint Motion for Approval of Global Settlement. The case was Cooper-Gutterman v. TMS Health LLC, No. 13 Civ. 81265, in the U.S. District Court for the Southern District of Florida.
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(*Prior results do not guarantee a similar outcome.)