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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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17 thoughts onXerox Call Center Employees May Opt-In to Class Action Lawsuit
I worked for ACS/XEROX from 2005- 2016. I submitted my response to the class action suit. I was so wondering what’s the status. Also ACS was the only call center who paid per call. I went from making 15.00 dollars and hour to minimum wages. Based on there paid per call. I think that they just didnt want to pay regular wages. I started at 11.00 to go back down to minimum wage after 8 yrs. Crazy wright
What’s the status now on case ? Anyone know if they go again to court?
The case has been under appeal. You should contact class counsel with any questions. Counsel is listed in the article and can be Googled for contact information.
Any updates regarding the court determinations?
I’m also wondering if there are any updates. I heard the the company has been sold
I worked for ACS from Jan 2007-Jan 2014, I knew something funny was going on with the pay, that was something that I kept bringing to Linda (pay roll lady at the early part of my employment) she would always say that overtime was based off your previous pay check. I knew that didn’t sound right, I have ever worked for a company who didn’t pay over time for all hours worked over 40 in one week. I mean I worked 100 plus hours and my check was no more (maybe less) as I’ve worked 80 hours. Shandy company, and ppl wonder why the turn over is so high. Yes, I feel as if I were cheated, I opt in for the lawsuit to get all that were stolen from me
Late last year the lawyer in charge of this case said it was going to court in October 2016. (By the way, I challenged management at my call center several times showing them the clear math that money was missing from paychecks. Eventually they flat out told me that we are not paid when we are waiting for calls, calling customers back, transferring a customer to another department, etc etc)
I heard also it was going to court in October 2016
What is the outcome of lawsuits I submitted by deadline have not heard anything
I called one of the lawyers today they called me back it is currently in the 9th circuit court of appeals, there are to case #s which are 16-35425 and 16-80023
How do we get any updates on the pending Xerox class action case No. 2:12-cv-01798-JCC Thank you
I submitted my form by the deadline date of May 2015 for the Xerox class action case# 212-CV-01789-JCC. How can I check on the status of that case?
I started at Xerox July 2012. I was fired on yesterday because of production so they said. I have never worked for a company like that. I was hospitalized in May. From the time I returned I could do no right. I worked in provider enrollment. I was told phone calls didn’t matter but that was the majority of our job and it was a call center. You couldn’t do two jobs at one time.
They use to tell me the same thing. You production is low. They wanted you tell those people anything just yo get them off the phone do you could take another call and they talk snout patient satisfaction … Low down company
I worked for Xerox October 2013 until February 2014