By Amanda Antell  |  March 29, 2018

Category: Labor & Employment

WideOpenWest (WOW) Inc. is facing a class action wage and hour lawsuit has been filed by call center employees, alleging the company failed to pay them for all hours worked.

This class action wage and hour lawsuit is led by an Illinois woman claiming WOW failed to pay her and other call center employees overtime, even though they put in the hours necessary to meet eligibility.

WOW Inc. is a broadband internet provider, and is the sixth largest cable operator in the United States ranked by the number of customers on subscriptions. WOW Inc. provides service to varies states in the Midwest and some parts of the East Coast, offering subscriptions.

Like numerous other companies in the United States, WOW Inc. must adhere to the regulations set by the Fair Labor Standards Act (FLSA). This means that WOW Inc. must pay a rate of at least $7.25 per hour, the federal minimum wage standard, and overtime rates to nonexempt employees.

Overview of Class Action Wage and Hour Lawsuit

Plaintiff LaShawnda P. is leading the class action wage and hour lawsuit, and she is filing this claim on behalf of herself and other call center employees who allegedly experienced similar payment problems.

According to the claim, LaShawnda worked as a call center employee for WOW Inc. from March 2014 to December 2015. LaShawnda says her position was of typical nonexempt employment status, which means she had no supervisory or management duties and did not hold any kind of authority over other employees.

As a nonexempt employee, LaShawnda alleges she and other call center employees became eligible for overtime benefits after working over 40 hours in a single workweek or eight hours in a single shift. Once nonexempt employees reach this threshold, their employers are required by federal law to pay them 1.5x their hourly rate.

According to the class action wage and hour lawsuit, LaShawnda worked over 40 hours a week throughout all of March 2015 but was allegedly not properly compensated.

The claim alleges company managers on the call center floor had directly witnessed LaShawnda and other call center employees arrive at their workstations before the start of their scheduled shifts, logged in to WOW computers, and conducted work-related tasks on the computers prior to the start of their shifts.

This included booting up computers, initializing software programs, reading company emails, and completing customer service calls, all of which are typical occupational duties required of Porter and other call center employees.

In addition, LaShawnda claims working during breaks was very common for these employees, with call center employees taking additional time to complete calls and logging off their phones. Given that it takes approximately 10 to 15 minutes of time necessary for these extra tasks, LaShawnda and other call center employees are owed for the uncompensated time, the lawsuit claims.

LaShawnda states that with how often this extra time was needed, she and other call center employees are eligible for unpaid overtime benefits. LaShawnda is filing this class action wage and hour lawsuit on behalf of herself and other call center employees and is seeking all missing payments and any other relevant damages.

This Call Center Employees Unpaid Overtime Lawsuit is Case No. 1:18-cv-01700, in the U.S. District Court of Northern Illinois, Eastern Division.

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