Fmr. Call Center Rep. Claims CoWorx Staffing, Synchronoss Failed to Pay for Off-the-Clock Work

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CoWorx Staffing Services, Inc. and Synchronoss, Inc. are the defendants in a proposed class/collective action that centers on alleged violations of the Fair Labor Standards Act (FLSA) and Pennsylvania labor law. 

The complaint explains CoWorx contracts with companies who require large-volume workforces, such as Synchronoss. The plaintiff, who performed sales work at Synchronoss’ Bethlehem call center from October 2017 through January 2018, claims the defendants have unlawfully failed to pay proposed class members proper overtime wages.

As for the alleged specifics, the lawsuit says the defendants do not begin paying their call center workers until they have started up their computers and logged into all necessary computer programs. Similarly, the defendants allegedly require call center employees to “clock out” before logging out of the companies’ system. The plaintiff argues these policies have resulted in call center reps being shorted on their wages because call centers workers are not technically clocked into or out of the defendants’ timekeeping system until they start up and log into—and vice versa—their computers each day.

“The start-up/log-in process took substantial time on a daily basis with said time ranging from 10 to 15 minutes per day, but extending even longer on days when [the plaintiff] and other [call center reps] experienced technical issues related to [the defendants’] computers, software or programs,” the complaint reads.

Further still, the plaintiff claims the defendants have also failed to pay call center workers commissions and other promised incentives due to the improper calculation of the workers’ overtime rates. These claims aside, the lawsuit also alleges CoWorx and Synchronoss unlawfully required call center employees to perform work during their unpaid 30-minute lunch breaks each day.

The plaintiff estimates that the defendants fail to pay proposed class members for roughly 17 to 24 minutes of compensable work time for each shift, notwithstanding off-the-clock lunch-time work.