Overtime Laws

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Overtime for Call Centers and Customer Service Representatives

Call Center employees, usually referred to as customer service representatives or customer care specialists, handle phone calls for the company or a client/customer of the company. Common industries include telemarketing, inside sales, mail order catalogs, financial services, hotels, customer assistance, and information technology (IT). Call Center employees are generally nonexempt which entitles the employee to overtime for hours worked in excess of 40 in a given workweek. This is not changed simply by the fact that an employer pays an employee a “salary.”
Some common problems and violations for Call Center employees include:

• Failure to pay for pre-shift or post-shift meetings;

• Failure to pay for meal periods where the employee is required to remain at his or her desk and answer calls during the meal period;

• Failure to pay for time spent starting computers to clock-in or other preliminary activities;

In general, an employee should be paid for all time from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday.

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