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Wage and Hour Rights: Are Call Center Employees Entitled to Overtime Pay?

The United States Bureau of Labor Statistics (BLS) reports that 2.9 million people are employed as customer service representatives nationwide. A significant share of customer service representatives work in call centers or in similar circumstances. You may be wondering: Do I get overtime pay as a call center worker? The answer is generally ‘yes’—most call center workers are entitled to overtime pay. In this article, our Massachusetts & Connecticut class action wage and hour lawyers explain the key things that call center workers should know about overtime rights. 

The FLSA is the Primary Overtime Law for Massachusetts and Connecticut Workers

Call center workers in Massachusetts and Connecticut may be entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). The FLSA is a federal statute that guarantees time-and-a-half (1.5x) pay for non-exempt workers who work more than 40 hours in a week. The overwhelming majority of call center workers are entitled to overtime pay under the FLSA. 

How Do You Know If You are Entitled to Overtime Pay Under the FLSA? 

A customer service representative or call center employee is entitled to overtime pay under the FLSA if they are classified as a non-exempt employee. It is important to understand that an employer does not get to decide who is exempt from overtime regulations. Instead, the employee’s actual pay and job duties will determine whether or not they are entitled to overtime wages. The FLSA duties test holds that an employee can only be deemed overtime exempt if: 

  1. They are paid a salary instead of an hourly wage and earn a minimum of $684 per week (2022); and
  2. They are an executive employee, administrative employee, learned professional, creative professional, computer employee, or involved in outside sales. 

Ultimately, a call center worker’s specific duties and responsibilities will determine whether or not they are exempt or non-exempt for the purposes of the FLSA’s overtime provision. That being said, call centers workers, in general, are non-exempt employees who are entitled to overtime pay. 

A Class Action Wage and Hour Claim May Be Warranted 

When an employer violates the overtime rights of a call center worker, they often do so to the entire class of workers. In some cases, dozens or even hundreds of customer service representatives may be affected by the wage and hour violations. When a large number of employees have a fundamentally similar claim to an employer, they have the right to pursue class action wage and hour litigation. This can be the most effective way to get justice and full back pay for an overtime violation.  

Get Help From a Class Action Wage and Hour Lawyer 

At Hayber, McKenna & Dinsmore, LLC, our wage and hour attorneys have the professional skills and legal expertise to handle class action claims. If you or your loved one is a call center employee and you believe that you were unlawfully denied overtime pay, please contact us for strictly confidential consultation. We handle wage and hour claims throughout Connecticut and Massachusetts.