ARTICLE
7 August 2023

Wayfair Or WayUnfair? Customer Service Reps Sue For Unpaid Wages Booting Up Computer Programs

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Faruqi & Faruqi
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Faruqi & Faruqi, LLP’s national practice focuses on complex civil litigation. The firm practices in the areas of Securities, Merger & Transactional, Shareholder Derivative, Antitrust, Consumer Class Action and Employment litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania. Since its founding in 1995, Faruqi & Faruqi has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, consumers and employees.
Customer service representatives may be entitled to compensation for time spent logging into and out of computer programs and apps before their shifts.
United States Employment and HR
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Customer service representatives may be entitled to compensation for time spent logging into and out of computer programs and apps before their shifts.

For example, a recent lawsuit against Wayfair alleges that its customer service representatives ("CSRs") spend an average of 10-15 minutes before each shift: "turning on and logging into...computers; connecting to [Wayfair's] virtual private network (VPN); and loading and logging into a number of essential work programs," Cisco VPN, Finesse, G-mail, Jabber, Slack, Aspect/Verinit, and Workday. After this, Wayfair allegedly requires CSRs to use a dual authentication process to clock in.

The lawsuit also alleges that Wayfair requires CSRs to perform part of this boot-up process while clocked out on meal breaks and to log out of computer programs after their shifts end.

According to the lawsuit, Wayfair's CSRs work remotely throughout the United States.

Plaintiffs allege that Wayfair's practices violate federal law and cite the U.S. Dep't of Labor's Fact Sheet #64, which states that employees must be paid for time "from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday...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." See DOL Fact Sheet #64: Call Centers Under the Fair Labor Standards Act (FLSA), https://www.dol.gov/agencies/whd/fact-sheets/64-flsa-call-centers.

The Wayfair lawsuit reflects the increasing use of computer programs and apps in the workplace. Customer service representatives and other workers should consider whether they are receiving compensation for every single minute of their time.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
7 August 2023

Wayfair Or WayUnfair? Customer Service Reps Sue For Unpaid Wages Booting Up Computer Programs

United States Employment and HR
Contributor
Faruqi & Faruqi logo
Faruqi & Faruqi, LLP’s national practice focuses on complex civil litigation. The firm practices in the areas of Securities, Merger & Transactional, Shareholder Derivative, Antitrust, Consumer Class Action and Employment litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania. Since its founding in 1995, Faruqi & Faruqi has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, consumers and employees.
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