Call Center Overtime Pay Wage & Hour Laws

Call Center Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about call centers:

What Workers are Employed by Call Centers?

A call center can be inbound or outbound. An inbound call center is operated by a company in order to provide support to their customers. An outbound call center is operated to solicit orders for goods, donations, or participation in market research.

An employee in an inbound call center could be considered a customer service representative, and an outbound call center employee would be considered a telemarketer.

What is the Salary Range for Call Center Employees?

According to the United States Department of Labor, salary estimates for call center occupations are as follows:

Occupation Median Hourly Wage Mean Hourly Wage Median Annual Wage Mean Annual Wage
Customer service representatives $15.53 $16.91 $32,300 $35,170
Telemarketers $11.69 $13.06 $24,300 $27,170

How Many People Are Employed Nationally by Call Centers?

According to the United States Department of Labor, employment estimate and mean wage estimates for common call center occupations are as follows:

Occupation Employment
Customer service representatives 2,707,040
Telemarketers 215,290

Where Are Most Call Center Workers Employed?

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

  • Texas
  • California
  • Illinois
  • New York
  • Florida
  • Arizona
  • Ohio

Call Center Overtime Pay Lawsuit News

Related Call Center Overtime Pay Lawsuit News

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.


Overtime Pay LawsuitCall Center Workers File Unpaid Overtime Lawsuit

NEW YORK — A group of call center workers recently filed an unpaid overtime lawsuit against their employer alleging they were forced to work off the clock and are owed back wages as a result.


Call Center overtime pay lawsBoise Call Center Employees File Overtime Wage Lawsuit

BOISE — Virginia-based company Maximus call center, opened a new 1,600 employee facility in 2013 on Boise’s Hewlett Packard campus.


call centre overtime pay lawsCASHNet Service Provider Named in Wage Lawsuit

RALEIGH — CASHNet provider Higher One Machines, Inc., has been named as the plaintiff in a class action lawsuit filed in late 2015 alleging that employees were not paid an appropriate wage based on regulations laid out by the Fair Labor Standards Act.


Read All Call Center News on Overtime Pay Cases and Settlements

What are the Major Call Centers?

There are a number of large companies in the United States that have call centers, which are some of the largest employers of telemarketers and customer service representatives. These include:

  • Yelp
  • Bank of America
  • Kelly Services
  • Express Scripts
  • Wells Fargo
  • MasterCard
  • Blue Cross Blue Shield
  • Convergys
  • Teletech

What are the Laws for Call Center Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), call center employees are non-exempt in most cases and therefore entitled to overtime pay.

According to the U.S. Department of Labor’s Wage & Hour Division, 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.

Exemption under the FLSA is determined by job description, job duties, rate of pay, and number of hours worked.

In some cases, there are also state overtime pay laws to consider that may complement or contradict the FLSA.

Is a Call Center Employee Entitled to Overtime Pay?

Call center employees are often considered non-exempt under the FLSA, meaning that they are entitled to overtime pay. Non-exempt employees are entitled to wages of one and one-half times their regular rate of pay for every hour worked past 40 in one week.

Telemarketers and customer service representatives often work before and after their shifts, causing them to exceed 40 hours in one week.

Many call centers workers are required to arrive early to boot up a computer or load dialing software before the “official work day” actual 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.

Call center companies and bosses typically tell wrokers 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.

Does a Call Center Have to Pay Overtime Wages to its Employees?

Yes, in many cases a company is required to pay overtime wages to call center employees that work more than 40 hours in one week. Generally, call center employees do not fall under the FLSA exemptions.

Companies are in violation of the FLSA if they misclassify their employees as exempt, and if they deny overtime wages for work done before and after shifts.

If you believe the call center you work for owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Call Center 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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