Insurance and Finance Update - Written by Jere Beasley on Thursday, August 7, 2008 9:04 - 8 Comments

Nationwide Class Certification Obtained Against West Telemarketing

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Our firm received an order from a federal district court recently conditionally certifying a nationwide collective action against West Telemarketing. Roman Shaul is the in our firm who is heading up this . The was filed under the Fair Labor Standards Act (FLSA) and alleges that West Telemarketing had a corporate policy of not paying certain telemarketers for their training time. The complaint also faults the company for not paying the class members overtime and in many instances, not paying the monetary equivalent of the federal minimum wage. The putative class contains a little over 31,000 present and former employees.

The gist of the is that the Plaintiffs are treated as independent contractors and not employees. Individuals who are true independent contractors are not protected under the . Yet, the Plaintiffs really are employees since the company controls almost every aspect of their job.

The intentional misclassification of employees has been a hot topic in Washington D.C. lately and has scheduled a number of hearings on this issue. Many companies intentionally misclassify their employees as “independent contractors” so they can avoid paying any benefits, avoid paying payroll taxes, workers’ compensation premiums and other obligations that traditionally fall on legitimate employers.

Shortly after we filed this , West Telemarketing changed the very corporate practice for which our client sued them. We hope that this change in policy has benefited many of the hard working individuals still employed there. We are equally hopeful that many of the former employees will get compensated for all the hard work they have already performed.



8 Comments

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carlos
Oct 9, 2008 21:34

can you please give me more information on this subject. West telemarketing. thanks

SJ
Oct 15, 2008 22:34

I would like more info on this. I worked for West on and off from 2005-2008. I always thought it was unfair for them to not pay for training, or the time you sat on the phone waiting to speak with their next customer.Thanks.

Janinne
Dec 28, 2009 9:24

I would like information as to where this lawsuit stands. I filled out all the required documentation sent to me, but I have never gotten any status reports, except a letter stating not to discuss this case on any networking websites or with anyone involved in this suit. What is the status of this lawsuite?

mel
Feb 6, 2010 11:48

I too would like more information on where this case stands. I was also one of the class members.

Lindsay
Apr 17, 2010 8:14

I too am wondering the status of this case and where it stands at this point. Any information would be greatly appreciated.

Lynn
Apr 26, 2010 17:18

I never received any paperwork about a lawsuit against West. I have been an employee of West since 2006. What is the status of this suit? What would it take to become a part of this class action? Your assistance in this matter is appreciated.

DEVONA BADIRU
Jun 3, 2010 3:51

I APOLOGIZE FOR THE INCONVIENCE, I WORKED FOR WEST TELEMARKETING IN 2006-2007 POSSIBLY IN 2008. I HAVE SEVERE SEIZURES AND I WOULD LIKE MORE INFORMATION ABOUT THIS LAWSUIT. WHEN DOES THE LAWSUIT EXPIRE AND HELP SEEKING THE INFORMATION NEEDED TO COMPLETE A SUIT ON MY BEHALF. THERE’S NOT ALOT I CAN REMEMBER FROM THIS JOB. I BELIEVE I WORKED FOR THIS COMPANY FOR A YEAR OR MORE. I HAVE DEVELOPED TEMPORAL LOBE EPILESPY, I WAS LOOKING FOR INFORMATION TO CONTACT COPERATE OFFICE. CONCERNING WHETHER OR NOT I SIGNED UP TO TO HAVE MONEY SET ASIDE FOR RETIREMENT. AT THIS TIME I’M NOT WORKING, RECIEVING TREATMENT FOR SEIZURES AND POSSIBLY HAVE TO GO FOR BRAIN SURGERY.MY ADDRESS IS THANK-YOU! I APPERCIATE YOUR TIME!
911 BIRCHWOOD COURT
NORTH BRUNSWICK, NJ 08902

Ginger
Jul 4, 2010 23:27

I would like an update on the status, I also filed the paperwork and haven’t heard anything.

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