A former customer call representative filed a proposed collective action against a subsidiary of AIG (American International Group Inc.) earlier this week in a Texas federal court. The employee alleges in the lawsuit that AIG failed to pay him for time he spent working before and after his shift. When he complained about not being paid overtime wages, he was fired.
The employee states in his lawsuit that he was required to arrive to work before his scheduled start time to boot up his computer and prepared to take calls, however he was not permitted to clock in until his shift start time began. The suit also says he was forced to clock out at the time his shift ended, but he was still required to stay afterward to close down his computer and finish any incomplete tasks. If these allegations are proven, there is a violation of the Fair Labor Standards Act (FLSA) and the employees have a valid claim.
Employees at AIG who also had the same work requirements are entitled to receive overtime pay for the additional time worked before and after their assigned shift. Overtime pay is calculated at one and a half times the regularly hourly rate of pay and under Texas law they can claim those overtime wages three years back from the date of the filing of the lawsuit. Both current and past AIG employees can participate in the collective action lawsuit.
In addition to back unpaid overtime wages, the employee is seeking liquidated and punitive damages for the unlawful conduct of AIG. He is also seeking payment of attorney’s fees and interest for the period both before the suit was filed and from the time the suit was filed until the time of a judgment. No trial date has been set by the court and a determination of whether collective action status will be granted has not yet been made.
Past and present AIG call center employees who had similar requirements and were not paid overtime wages should consider joining the collective action lawsuit or filing their own unpaid overtime wage lawsuit. Under Federal law, AIG cannot retaliate or fire any employee who participates in the case. For more information about your legal rights if you worked at the AIG call center and were not paid overtime wages, call us now at (800) 606-1717 or complete the orange contact form on this page. Click “Send” and we will contact you shortly.