On April 28, 2008, named Plaintiff Charles Seward filed a lawsuit against Defendant International Business Machines Corporation ("IBM") seeking to recover unpaid overtime compensation on behalf of all IBM Call Center Employees who worked, but were not paid for all the time spent booting up their computers, initializing software programs and engaging in work related phone calls.  The lawsuit charges that IBM violated federal law by deliberately failing to keep accurate time records and failing to pay wages earned as required by the Fair Labor Standards Act (“FLSA”).

Plaintiffs allege that this lawsuit applies to hundreds of Call Center Employees working for IBM at one or more of its Call Centers located in Georgia, Texas and other states.  Plaintiff brings this action on behalf of himself and all other current and former Call Center Employees employed by IBM in the United States from April 28, 2005 to the present.

Under the FLSA, employees are entitled to wages for all hours worked and time-and-a-half pay for each hour over 40 hours worked in a workweek, unless they are exempt from the Act.  These laws also require employers to maintain accurate records of hours actually worked by its employees.

In this case, Plaintiffs allege that IBM failed to use an accurate time keeping system and only recorded time logging on and off IBM’s telephone system that did not account for all hours worked by Call Center Employees.  Plaintiffs allege that they and other similarly-situated employees worked unpaid overtime off-the-clock for IBM performing a variety of duties including but not limited to booting up the computer system, initializing software programs, working through break times and engaging in work related telephone calls.

“I was pressured by IBM to only log onto the telephone system at my scheduled times and not while I was performing work before or after my scheduled shift,” said named plaintiff Charles Seward.  “I booted up my computer system, worked through break periods and took work related phone calls.  I was never compensated for this work which contributed to IBM’s successful operation.”

“We wanted to file this lawsuit now to ensure that the hundreds of IBM employees we believe worked time off the clock receive fair compensation for all the unpaid tasks they performed,” stated Erik Langeland, one of the attorneys for the Plaintiffs. 
           
If you are currently employed, or have been employed in the past three years, by IBM in one of its Call Centers and would like more information concerning your legal rights, please feel free to contact:

Erik H. Langeland, P.C.
Tel. (212) 354-6270
Fax. (212) 898 9086


Stephan Zouras, LLP
Tel. 312-233-1550
Fax 312-233-1560

http://www.stephanzouras.com/