Obamacare Call Center Employees File Wage Class Action Lawsuit

Two types of employees at an Obamacare call center in Idaho have filed a putative wage and hour class action lawsuit against contractor Maximus Inc., alleging that the company miscategorized them as exempt employees per the Fair Labor Standards Act (FLSA) among other violations of the federal statute.

Generally speaking, there could be about 150 Class Members among the call center staff, and across the entire class there are allegations that all were entitled to overtime, considering that most employees worked 50 to 60 hours per week beginning last summer. They also cited violations of the FLSA regarding clocking out before they actually stopped working and not being able to take advantage of mandatory lunch and other breaks.

There are two putative sub-classes, those of first-level supervisors as well as trainers of call center employees at the Boise, Idaho branch of the Obamacare call center. In the initial complaint, wage and hour attorneys write that while supervisors in many cases are considered exempt from overtime pay based on the FLSA, the definition is not based just on employees’ titles but more specifically on their duties.

The “first-level” supervisors say they did not play a large role in directing the activities of the 14 staff members they watched over. Instead, the wage and hour class action lawsuit alleges that they were simply responsible for noting any issues regarding performance or adherence to procedure. They also had no responsibility for hiring and firing, a key job duty to receive exempt status. Trainers allegedly had no supervisory duties as they were instructing but had no other role.

Former and current employers are seeking a combined $5 million in back wages, overtime pay and any other damages the judge would see fit to award, according to the complaint. However, it is unclear whether that number is the result of calculations of lost pay or to meet the standard of the Class Action Fairness Act allowing that type of lawsuit when the amount of damages in question exceed that amount.

The unpaid overtime class action lawsuit is Yvette Norton, et al. v. Maximus Inc., Case No. 14-cv-00030, in the U.S. District Court for the District of Ohio.

If you think that you have missed out on wages you deserve based on classifications based on the FLSA or because of violations of other statutes, learn more about your legal options at the Minimum Wage Lawsuits: Service Charge, Wage & Hour Class Action Lawsuit Investigation. Fill out the case submission form there for a free consultation with one of our partner wage and attorneys. Start today to learn what options you have.