On Monday, August 19, 2013, Dunham & Jones P.C. filed suit in Federal Court against AIG and American General Life Insurance Company (formerly Western National Life) on behalf of former customer call representative Randal Stubbs, alleging both minimum wage and overtime violations.
Mr. Stubbs filed the opt-in collective action under the Fair Labor Standards Act (“FLSA”) on behalf of all current and former call center representatives who were not fully compensated for hours worked within the three year period prior to the filing of the suit. Notably, after Mr. Stubbs complained about Defendants’ illegal refusal to compensate him for all hours worked, he was fired.
Mr. Stubbs, who worked in a call center in Amarillo, Texas, alleges he and other call center representatives were forced to arrive at work early to boot up their computers, load their computer programs, and otherwise prepare to take phone calls, all without pay. Mr. Stubbs and others were also forced to clock out once their shift ended, although they were required to stay at work, without pay, to exit all software programs, shut down their computers, and to finish any incomplete tasks.
Mr. Stubbs also alleges that he and other customer call representatives had to cut breaks short in order to be prepared to take calls the minute their breaks were scheduled to end.
American General victimized its customer call representatives with its “pattern, practice and policy” that violated the FLSA, the Complaint alleges,
“Defendants have failed to make a good faith effort to comply with the FLSA,” the suit says. “Instead, Defendants knowingly, willfully, or with reckless disregard carried out their illegal pattern or practice regarding minimum wage and overtime violations.”
If you or someone you know worked in a call center for AIG, American General Life Insurance Company, or Western National Life, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.
