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Call Center Operator Overtime Lawsuits: Wage & Hour Laws

Call Center Operator Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about call center operators:

What Is a Call Center Operator?

Telephone operators provide information by accessing alphabetical, geographical, or other directories. They assist customers with special billing requests, such as charges to a third party and credits or refunds for incorrectly dialed numbers or bad connections. They may handle emergency calls and assist children or people with physical disabilities to make telephone calls.

What is the Salary Range for a Call Center Operator?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of telephone operators made between $22,790 to $66,230, with the average annual salary being approximately $37,000.

How Many Call Center Operators Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for telephone operators are as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
8,860 14.2% $20.69 $43,030 6.9%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a telephone operator is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $10.96 $13.55 $17.79 $27.05 $31.84

Where Are Most Call Center Operators Employed?

According to the United States Department of Labor, states with the highest employment level of telephone operators are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
New York 800 0.09 1.40 $22.30 $46,390
Illinois 590 0.10 1.60 $16.92 $35,180
California 520 0.03 0.52 $21.27 $44,250
Florida 430 0.05 0.83 $14.08 $29,300
Texas 350 0.03 0.47 $17.08 $35,530

Call Center Operator Overtime Pay Lawsuit News

Related Call Center Operator Overtime Pay Lawsuit News

Wage Theft in Call Centers is on the Rise

Call centers have been under a microscope lately due to a few companies who have violated various wage laws resulting in a loss in wages for their employees. Although most call centers play by the rules, the nature of the fast-paced and competitive business can sometimes lead to various wage violations.


Yelp Overtime Pay Lawsuit For Call Center Agents

SAN FRANCISCO — An overtime pay lawsuit was filed by Yelp employees against the company for unpaid wages. The Yelp call center gents worked a full-time schedule and were required to use Yelp’s computer networks, programs, and applications in order to perform their jobs.


TPUSA, Inc. Agents File Overtime Lawsuit For Unpaid Off-The-Clock Work

MIAMI — Hourly call center agents were required to receive and respond to calls for their employer, TPUSA, Inc.


court-house-overtime-pay-lawsJudge Gives Final Approval to Call Center Unpaid Overtime Lawsuit

LOS ANGELES — A California federal judge recently gave final approval to a class action unpaid overtime lawsuit filed by former call center workers alleging that their employer forced them to work off the clock before and after their shifts as well as during lunch breaks.


arkansas-call-center-settles-unpaid-overtime-lawsuit-with-workersArkansas Call Center Settles Unpaid Overtime Lawsuit with Workers

SAN ANTONIO — A Texarkana-based call center recently agreed to settle claims with plaintiffs in an unpaid overtime lawsuit alleging the defendant forced employees to work off the clock and failed to pay employees for all their wages due.


Read All Call Center Operator News on Overtime Pay Cases and Settlements

Should Call Center Operators Get Paid Overtime Pay For More Than a 40 Hour Work Week?

Yes, the FLSA requires employers to pay call center operators one and one-half their regular rate of pay for every hour worked over 40 hours in a workweek. This includes time spent starting the computer to download work instructions, computer applications and work-related emails.

Under certain circumstances, some call center operators may be exempt from the FLSA requirements. Additionally, some states may have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for call center employees.  This is why if you are denied overtime pay it is important you consult with an experienced attorney who can determine whether you are entitled to such benefits.  Determining factors are based on multiple factors, including your job description, job duties, rate of pay, and number of hours worked.

What are the Overtime Laws for Call Center Operators?

Under the Fair Labor Standards Act (FLSA), the overtime laws for call center operators are that they must be paid for all hours worked after 40 hours in a workweek. The failure to do so would bring rise to an overtime lawsuit that would seek money damages for payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses, and even liquidated damages.

The FLSA also sets the rate of overtime pay employers are required to pay call center operators which is set at one and one-half times their regular rate of pay. This includes time spent starting the computer to download work instructions, computer applications and work-related emails.

What is the Overtime Rate For a Call Center Operator?

Typically, the overtime rate for a call center operator is one and one-half their regular rate of pay otherwise exempt from the Fair Labor Standards Act (FLSA). The failure of the employer to pay required wages can give rise to a call center operator overtime pay lawsuit. If you or someone you know has been denied overtime pay, you should contact the best possible attorney to represent you in your case.

When an employer determines the appropriate amount of pay for hours worked, the employer must consider all required work performed both before and after a shift, any scheduled meal breaks, staff meetings, and required paid training. Training outside of the workplace, such as continuing medical education, typically does not qualify as time worked for the employer. Non-exempt employees must be paid for all hours worked, including work performed before or after shifts, during scheduled meal breaks, meetings, and paid training. Hours worked include hours worked at all facilities and departments or on-call, and the regular rate should include shift differential, bonuses or on-call fees.

Can a Call Center Operator File a Class Action Unpaid Overtime Lawsuit?

Yes, if multiple employees at the same business have unpaid overtime claims a call center operator can file a class action unpaid overtime lawsuit. An employee can also join an existing class action lawsuit if it has already been filed for unpaid overtime pay.

Depending on your situation, you may or may not want to file this type of claim as you are grouped with the rest of your fellow employers. Due to the fact that the case is filed by an entire group, it can provide more strength in numbers to fight against a large business and their high paid legal team.  However, depending on your situation compared to your fellow employees and how much unpaid overtime is owed to you, it may be in your best interest to file a private individual claim. In this case, a lawsuit is brought by you against the employer and other similarly situated employees have no involvement in the case.

The FLSA does provide employees with the right to choose a private action against an employer or file within the group.

There are strict time limitations for filing a claim so it is important that you discuss your case in a timely manner. If you wait too long, you may lose your ability to recover some or all of your back pay. An experienced call center operator overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for call center operators. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced call center operator overtime pay lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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