Xerox Call Center Employees May Opt-In to Class Action Lawsuit

A notice has been issued for Xerox call center employees to opt-in to a wage and hour class action lawsuit filed on behalf of current and former call center workers, who are owed unpaid wages including overtime pay.

The Xerox class action lawsuit is for “all current and former employees of Xerox Business Services, LLC, Livebridge, Inc., Affiliated Computer Services, Inc., and Affiliated Computer Services, LLC who worked at a call center in the United States at any time since April 13, 2011, received inbound calls for third-party clients, were paid in whole or in part under the [Achievement Based Compensation] plan.”

The call center workers who fall under the class definition stated above have until May 23 to opt-in to the Xerox class action lawsuit by going to the Xerox Call Center Wages class action lawsuit website to submit a consent form.

Xerox call center employees who join the wage and hour class action lawsuit “will be bound by any judgement in relation to the ABC claims issued in the case, whether favorable or unfavorable,” the Xerox class action lawsuit website explains.

Call center employees who opt-in to the class action lawsuit “may be required to respond to written questions regarding . . . employment with Defendants, produce documents relating to . . . employment, attend a deposition in which you provide oral testimony under oath, and/or testify in court.

“In addition, [class members’] continued right to participate in this lawsuit may depend on a later decision by the Court that [those who opt-in] and the Plaintiffs are ‘similarly situated’ in relation to the ABC claims and that [the] claim was filed within the applicable statute of limitations,” the website explains further.

The Xerox class action lawsuit website notes that employers arevprohibited by federal law from retaliating against employees who may participate in this lawsuit.

Xerox call center employees who do not opt-in will not be affected by the outcome of the case including “any rulings, judgment, or settlement.”

The Xerox unpaid overtime class action lawsuit was filed by plaintiffs Kristy Douglas and Tysheka Richard in October 2012, alleging that Xerox call centers’ Achievement Based Compensation or Activity Based Compensation (ABC) did not pay the call center employees for the entire time they worked leaving them without even making minimum wage and no overtime pay.

However, Douglas and Richard allege in their wage and hour class action lawsuit that the Xerox call centers violated the Fair Labor Standards Act (FLSA) by failing to give its employees proper compensation.

The class action lawsuit claims that Xerox call center employees were not compensated for all work performed before and after their shifts, otherwise known as “off-the-clock” work. In addition Douglas and Richard allege that “they were systematically denied full compensation for all hours worked, including overtime hours.”

The Xerox call centers claim that the ABC method of paying employees compensates employees for all recorded work time.

At this point in the litigation process, “the Court has taken no position regarding the merits of this lawsuit and this notice is not an expression by the Court of any opinion as to such merits.”

However, the establishment of this notice was approved by U.S. District Judge John C. Coughernour on Feb. 9.

The plaintiffs are represented by Toby J. Marshall and Marc Cote of Terrell Marshall Daudt & Willie PLLC, by Daniel F. Johnson of Breskin Johnson & Townsend, PLLC and Jon MacLeod of MacLeod LLC.

The defendants are represented by Patrick M. Madden and by Ryan R. Redekopp of K&L Gates LLP.

The Xerox Call Center Wage and Hour Class Action Lawsuit is Kristy Douglas et al. v. Xerox Business Services, LLC, Case No. 2:12-cv-01789-JCC, filed in the U.S. District Court for the Western District of Washington at Seattle.

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