Telemarketer Overtime Pay Wage & Hour Laws

Telemarketer Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about telemarketers:

What Is a Telemarketer?

Telemarketers solicit donations or orders for goods and services via the telephone. Telemarketers can work as part of a large call center, a private office, or even from their home.

What is the Salary Range for a Telemarketer?

Depending on the work setting and state where telemarketers are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, telemarketers made between $18,330 to $39,310, with the average annual salary being approximately $27,170.

How Many Telemarketers Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
215,290 2.4% $13.06 $27,170 0.7%

*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 telemarketer is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $8.81 $9.80 $11.69 $14.66 $18.90

Where Are Most Telemarketers Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
Florida 27,870 3.39 2.21 $12.08 $25,140
Texas 21,020 1.79 1.17 $13.32 $27,690
Arizona 13,850 5.22 3.40 $13.15 $27,360
California 13,670 0.86 0.56 $14.43 $30,010
Ohio 13,510 2.53 1.65 $11.71 $24,360

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What are the Laws for Telemarketer Overtime Pay?

In most cases, telemarketers are entitled to receive overtime pay under the Fair Labor Standard Overtime Laws (FLSA). Non-exempt telemarketers must be paid at least the federal minimum wage, as well as overtime pay at one and one half times the regular rate of pay for all hours worked over 40 in one work week.

Under certain circumstances, some telemarketers may be exempt from 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 telemarketers. 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.

Is a Telemarketer Entitled to Overtime Pay?

Under the FLSA, most telemarketers are entitled to earn compensation for every hour worked. Many telemarketing companies require that workers arrive early to boot up a computer or load dialing software before the “official work day” actually begins, but do not pay for that extra time.

Although this may just seem like an extra fifteen minutes or so a day, it adds up over weeks, months, and years.  The same thing is true for extra time spent when the shift officially ends.

Telemarketing companies typically tell employees that they are not entitled to overtime pay for these extra minutes a day.  However, this is a clear violation of the Fair Labor Standards Act.   In general, “hours worked” includes all time an employee must be on duty including starting the computer to download work instructions, computer applications, and work-related emails.

You could be entitled to these wages against your current employer or past Telemarketer employer. Our experienced overtime pay attorneys can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Does a Company Have to Pay Overtime Wages to a Telemarketer?

In many cases, a company is required to pay overtime wages to telemarketers as mandated in the FLSA. Covered nonexempt employees are entitled to be paid at least the federal minimum wage as well as overtime at time and one-half their regular rate of pay for all hours worked over 40 in a workweek.

Sometimes, companies will not pay telemarketers for work done before and after they are on the phones. This is a violation of the FLSA. Telemarketers are entitled to compensation as soon as they start the computer, log into telephone systems, download programs and email, or have otherwise started an activity to benefit the company.

In other cases, companies violate the FLSA by incorrectly classifying their telemarketers as independent contractors.

An experienced overtime pay attorney can determine if your company owes you overtime wages. There are strict time deadlines for filing these lawsuits so it is essential that you contact an attorney immediately.

Can At-Home Telemarketers File Overtime Pay Lawsuits?

Telemarketers can work from a large call center or a private office, but they can also work from home. At-home telemarketers can have the same rights under the FLSA and file unpaid overtime lawsuits for time spent working beyond 40 hours per week.

If an at-home telemarketer spends extra time to research an issue, boot up a computer, or review scripts before the “official work day” begins, and they are not paid for this time, they could have an overtime pay lawsuit.

Our experienced at-home telemarketer overtime pay attorneys can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Can a Telemarketer File a Class Action Unpaid Overtime Lawsuit?

Yes, a telemarketer can file a class action unpaid overtime lawsuit or join one if there is an already existing one. A class action lawsuit means a claim is filed by the entire group of people working for one employer. Oftentimes, being involved in such a claim can provide each individual worker with strength in numbers to fight against a large business and their high-paid legal team.

There have in fact been numerous FLSA class action lawsuits filed to ensure telemarketers are paid what they are owed.

For more information on filing a telemarketer class action unpaid overtime lawsuit, call our top-rated attorneys today.  We will be able to investigate your claim to determine if there is an already existing lawsuit, or if a class action lawsuit can be brought to action.  If not, depending on your situation, you may also be entitled to file an individual claim. This means that the case is brought by you against the employer and there is no other involvement by other workers. Call now and learn your rights.

What Companies Have Denied Overtime Wages to Telemarketers?

Our overtime pay lawyers frequently represent telemarketers in overtime pay lawsuits. We handle overtime pay lawsuits against a multitude of companies, some of which include:

  • Startek Call Center
  • Stream Global Services Call Center
  • Teletech Call Center
  • Convergys Call Center

To determine whether you are eligible for filing a wage claim, contact our experienced Telemarketer Overtime Pay Lawyers at (855) 794-2795 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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