California employees are entitled, under the relevant wage and hour laws, to compensation for all hours worked. The law requires employers to pay employees overtime compensation at one and a half times the employees regular rate of pay for all hours worked in excess of eight hours in a single work day. Employees are also supposed to be paid overtime when they work more than forty hours in the same workweek. The failure to pay employees overtime pay in either of these scenarios is a violation of state and federal overtime laws.
Some companies hire call center employees that work at home as independent contractors, when in fact these virtual call center employees should be making compensation for all of the time they work. For instance, an employer may higher an employee and agree to pay that employee a certain rate for all of the time the employee is actually on the phone with the customers. As a result, the call center company is likely violating state wage and hour laws by failing to pay the virtual call center employees for all hours worked.
Despite the fact that many companies consider call center employees to be independent contractors, under California employment laws, it does not matter what the employer calls you or that the agreement actually calls you an independent contractor. Contact an employment law attorney at Blumenthal, Nordrehaug & Bhowmik today if you are working for a company from your home as a call center employee and you are not paid for all of the hours you work. You may be eligible to join or start a class action lawsuit to recover significant damages if you have a valid claim.
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