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SiriusXM class action lawsuit overview:
- Who: Plaintiff Kellee Mitchell filed a class action lawsuit against SiriusXM Radio Inc.
- Why: The company allegedly failed to pay customer service representatives for the time they spent logging into the necessary programs before and after their shifts, depriving them of about 25 minutes of pay each day.
- Where: The SiriusXM class action lawsuit was filed in New York federal court.
- How to find help: If you are a current or former SiriusXM satellite radio or streaming subscriber, then you may have a claim for monthly overcharges.
SiriusXM Radio Inc. violated federal labor laws by failing to pay certain non-exempt employees for the time they worked before and after their shifts, according to a class action lawsuit filed July 14 in New York federal court.
Plaintiff Kellee Mitchell says she worked remotely for SiriusXM as a customer service representative from November 2020 to August 2021.
Mitchell alleges she and other similarly situated customer service representatives “were instructed to be call ready the moment their scheduled shift started, yet [SiriusXM] prohibited them from clocking in before the start of their shift.”
According to the SiriusXM class action lawsuit, customer service representatives had to be logged in and have all of their work-related computer programs and applications loaded before their scheduled shift time.
However, the SiriusXM employees allegedly frequently experienced technical difficulties during this process, increasing the amount of work they performed off the clock.
SiriusXM employees deprived of about 25 minutes of pay each day, class action says
Mitchell says the customer service representatives had to arrive at work about 15 minutes before their scheduled shifts to ensure they could go into a “ready” status at the moment their shift started.
SiriusXM employees allegedly faced similar log-in times when returning from their lunch breaks and logging out of the programs and applications at the end of their shifts, according to the class action lawsuit.
As a result, the employees were allegedly unlawfully deprived of about 25 minutes of compensation each day in violation of the Fair Labor Standards Act (FLSA).
SiriusXM routinely monitored its employees’ schedules, including the time customer service representatives demonstrated a “ready” status for their scheduled shift, Mitchell says.
At times, SiriusXM employees were reportedly disciplined by receiving predetermined point values, write-ups and final notices and termination if they were not in “ready” status at the start of their shift, according to the class action.
Mitchell says the log-in time was critical to performing the job requirements and she should have been compensated for that time at an overtime pay rate for the weeks in which she worked more than 40 hours.
SiriusXM is no stranger to lawsuits. In February, consumers filed a class action lawsuit alleging it violated the Telephone Consumer Protection Act by placing unwanted telemarketing calls to consumers who never subscribed to the service.
Do you think SiriusXM employees are entitled to compensation for the time they spent logging into the necessary computer programs prior to the start of their shifts? Tell us your thoughts in the comments.
Mitchell is represented by Jason T Brown of Brown LLC and Kevin J. Stoops and Alana Karbal of Sommers Schwartz PC.
The SiriusXM employees class action lawsuit is Kellee Mitchell v. Sirius XM Radio Inc., Case No. 1:23-cv-06092, in the U.S. District Court for the Southern District of New York.
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