Recently, the United States District Court for the Eastern District of Missouri entered a final order approving a class action settlement agreement in the case O’Donnell et al. v. Southwestern Bell Yellow Pages, Inc. The settlement resolved claims under the federal Fair Labor Standards Act (“FLSA”) and Missouri minimum wage laws. The FLSA establishes minimum wage and overtime standards for covered employers and employees. Specifically, the FLSA establishes a federal minimum wage of $7.30 per hour and requires a minimum of “time-and-a-half” for hours worked over forty per workweek.
In 2011, two former employees of Southwestern Bell Yellow Pages, Inc. (“Southwestern Bell”) filed a class action lawsuit against their former employer alleging Southwestern Bell failed to pay them – and the unnamed class members – for certain pre- and post-shift activities they performed as “cyber sales representatives.” Specifically, the plaintiffs contended that Southwestern Bell failed to pay them for time spent starting and shutting down their computers, and for time the plaintiffs spent on sales calls past their scheduled shift without recording the time. The employees also sought overtime pay from their former employer. Following mediation and negotiation, Southwestern Bell and counsel for the plaintiff class agreed upon the terms of a settlement.
The settlement provides for up to $1.1 million to the 547 class members (i.e., all current and former cyber sales representatives working out of the St. Louis and Olivette call centers). Among the class, approximately 289 current and former employees have filed claims forms to receive their pro rata share of the settlement. On average, the settlement would provide each class member $1,000 to $1,800 in damages.
If you believe your employer has violated your rights as an employee, then don’t hesitate to get in touch with an employment lawyer in St. Louis at our firm to discuss your case.