DETROIT — In January 2016, a class action lawsuit was formally filed against Kelly Services, Inc., alleging that the company failed to pay its employees their just overtime benefits. Plaintiffs report that they were required to log into applications, programs, and software systems prior to each shift and had to go through a log out process once their shift had ended.
These home-based employees claim that they are entitled to overtime benefits due to their total work time totaling over 40 hours per week when pre and post-shift actions are taken into account. Additionally, Kelly Services often contacted these technical support call center operators during their work shifts but were not justly compensated for any time spent on these calls.
The lawsuit is seeking class certification for all home-based call center employees who have been employed by Kelly Services over the last three years. The case has yet to descend into active trials but is currently pending further legal action in the U.S. District Court for the Eastern District of Michigan.
What Type Of Company is Kelly Services Inc.?
Kelly Services Inc. is a temporary staffing agency founded in 1946 and headquartered in Troy, Michigan.
According to a 2011 report, the company offers it services globally, serving 41 countries and territories while employing over 530,000 people. The same report indicated that the companies gross revenue was approximately $5.3 billion with $63.7 million in profit.
What Rules Did Kelly Services Break?
Employees who must execute preparatory actions before each shift in order to successfully fulfill their work duties are entitled to compensation for all time spent on those actions. This entitlement for compensation also extends to actions employees must take after each shift, if they must spend time shutting down systems, etc.
The Fair Labor Standards Act asserts that all time an employee spends on work related actions that directly benefit a company or results in profit should be considered when totally an employees work hours. Oftentimes, employers fail to do so in order to avoid any overtime benefits or additional costs they may need to pay their employees.
Can I Contact An Overtime Wage Attorney?
Many employees are being unlawfully denied wages by employers. If you feel that you fit this description, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page.