On Wednesday, a class action lawsuit was filed in the Arizona District Court on behalf of current and former call center employees of Walgreens against the company and involved staffing agencies. The case alleged that these entities failed to correctly pay its employees under the Fair Labor Standards Act (FLSA).
The FLSA requires employers to compensate employees for time spent on necessary work activities, including those activities necessary to prepare for, or wrap up from, the main work tasks of the day. The complaint specifically referenced DOL Fact Sheet #64: “An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications and work-related emails.”
The plaintiff specifically noted that the defendant required all potential class members to boot up their computers and log in to the various computer programs, servers, and applications, and log in to Defendants’ phone systems in order to take their first call at their scheduled shift start time prior to being paid. The plaintiff estimated that this procedure routinely took 30 minutes prior to being ready to accept calls and the defendant would not permit the workers to officially clock in prior to completing the rest of the login process. The defendant also did not compensate for the reciprocal log off process at the end of the day.
The plaintiff filed claims for failure to compensate under the FLSA, breach of contract, violations of the Arizona wage act, and unjust enrichment. The plaintiff is represented by Begam Marks & Traulsen.
