Summary: A lawsuit filed by former call center employees against Walgreens for off-the-clock work and overtime violations has been settled. The case highlighted common wage violations of the Fair Labor Standards Act. If you are being forced to work off the clock, contact a wage and hour attorney who can protect your rights and assess your legal options.
Anytime an employer requires you to work off the clock it is likely a violation of both state and federal law. A lawsuit and recent settlement involving Walgreens and some of its former call center employees is a prime example of this type of wage theft.
Customer service representatives who filed the lawsuit said that they were required to work without pay both before and after their scheduled shifts, depriving them of rightful overtime pay. If you are dealing with this type of wage theft, our attorneys can advocate for your rights and seek any unpaid wages on your behalf.
The Walgreens Settlement With Call Center Workers for Unpaid Overtime
The Fair Labor Standards Act (FLSA) sets the hourly minimum wage and requires employers to pay time and a half to non-exempt employees who work more than 40 hours per week. Walgreens recently settled a lawsuit with call center workers for $460,000 related to overtime and off-the-clock wage violations.
The suit alleged that Walgreens required workers to perform unpaid labor before and after their shifts. In the lawsuit, former and current call center representatives at Walgreens stated that they were forced to work without compensation when performing tasks such as booting up and logging into their computer systems.
Lead plaintiffs in the lawsuit stated that they spent as much as 20 to 30 minutes per day logging in and out of the software applications, computers, and phone systems required for them to perform their call center duties for the company.
That time was not only unpaid but also exceeded the 40 hours a week that they worked and were compensated for under Walgreens’ timekeeping measures. The plaintiffs stated that these off-the-clock periods should not only have been paid but paid out as overtime.
A Pattern of Wage Violations
This was not the first time Walgreens has faced litigation from employees alleging overtime violations. A prior lawsuit filed in 2019 involved a call center employee who stated that she had worked up to four hours per week off the clock without compensation. The employee said that the process she and her colleagues had to follow to start computers and launch the required software could take as long as 20 minutes—all before they were allowed to clock in.
Call center workers also had to regularly deal with software crashes that took at least 10 minutes to reset each time. Those periods were also unpaid. The 2019 lawsuit stated that Walgreens would allow workers two 15-minute breaks in a workday, but workers were required to clock out for any other breaks. Other wage violations included off-the-clock work during unpaid lunch breaks, such as being required to start the computer and phone systems during breaks to be ready to answer calls immediately afterward.
The FLSA mandates that employers must pay for all hours worked, so requiring employees to work off the clock is against the law and can lead to legal consequences such as back pay and fines. Examples of off-the-clock work can include performing work-related tasks without being paid for that time, such as:
- Pre-shift preparation
- Post-shift clean up
- Answering work emails outside of scheduled hours
Contact an Experienced Overtime Attorney About Unpaid Wages
The FLSA strictly prohibits unpaid work by non-exempt employees before and after shifts. However, as highlighted in the recently settled Walgreens case, many companies still illegally require workers to perform their duties before or after officially clocking in or out. This can often lead to the loss of overtime pay.
If you believe you may be entitled to recover compensation for off-the-clock work or unpaid overtime, a wage theft attorney can help determine if you have a valid claim. Reach out to our attorneys today by using our online form or chat to request your free and confidential review.
