AT&T Sued for Employment Misclassification by At-Home Call Center Employees
August 1, 2011
Our Riverside, California employment attorneys have been following a recent California class action lawsuit, filed against wireless and mobile provider AT&T, after a group of call center employees claimed that the company violated their wage and hour rights under the California Labor Code by engaging in employee misclassification.
According to the California class action wage and hour lawsuit, AT&T hired at-home virtual call center employees to help provide support for AT&T customers, in billing and technical support. AT&T is being accused of purposely misclassifying the employees as independent contractors in order to get out of paying state and federal taxes, and workers' compensation costs.
Employee misclassification is a massive employment problem across the country, as our attorneys have reported in a related Fullerton, California employment lawyers blog, where workers are misclassified as independent contractors instead of employees, making them "exempt" from wage and hour benefits that are usually available to employees who are "non-exempt." Employers often engage in employee misclassification in order shirk the responsibility of paying minimum wage, overtime, and social security, along with other important employment benefits.
AT&T is also being accused of misclassifying the at-home call center employees so the company could bypass California wage and hour laws, like minimum wage laws, overtime regulations and meal and rest break requirements.
The lawsuit claims that the call center employees were mislabeled as independent contractors because they are required to perform work that is under AT&T's reach, as the wireless provider has the authority to exercise entire control over the at-home call center employees' work performed, as well as the manner in which the work was performed. AT&T also reportedly controls the work schedule and hours of the at-home virtual call center employees, making them, according to the complaint, employees and not independent contractors.
In Orange County, California contact Howard Law, PC today.
AT&T Faces At-Home Call Center Employee Wage & Hour Class Action Lawsuit, San Francisco Gate/PR Web, July 18, 2011
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