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See Pls.' Statement of Uncontroverted Facts ("P-SUF") (Dkt. They handle inbound and outbound telephone calls with customers of Alorica's clients and provide them with service and support. CSRs are on the front line of Alorica's business. The over 8,700 CSRs who have opted into this collective action worked at approximately 37 different call center locations in at least 16 states. ("Ryla") and PRC, LLC ("PRC"), as well as all of their accounts. Between Januand the present, Alorica acquired two other call center companies, Ryla Teleservices, Inc. 213).Īlorica provides telephone-based customer services for its corporate clients, including telephonic technical support and telephonic sales services and support. Oral argument was heard on the motions on Novem(Dkt.
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Oppositions, replies, and additional briefing were filed (Dkts. Defendant also filed a motion to decertify the collective action and a motion to compel 155 of the Opt-In Plaintiffs to arbitrate (Dkts. On September 22, 2014, Plaintiffs and Defendant filed cross-motions for summary judgment (Dkts. 53, 68, 74, 77, 80, 88, 90-103, 105, 108-114).ĬSRs in Terre Haute are litigating the same claim in a prior-filed FLSA collective action in the federal district court in the Southern District of Indiana, Hawkins v. Potential class members were notified and over 8,700 individuals opted in to the collective action. 67) Order Denying in Part Objections to Proposed Notice, Oct. for Conditional Class Certification, Oct. On October 24, 2013, the Court conditionally certified a nationwide FLSA class of all individuals who work or have worked as Alorica CSRs between Augto the time of trial, excluding CSRs who worked only at Alorica's facility in Terre Haute, Indiana during this time period. See Order to Dismiss Akesha Grizzard and Joshua Dickson and Substitute Opt-in Plaintiffs Brenda Luper and Ignacio Pizana as Named Plaintiffs, J(Dkt. The parties stipulated to substitute Brenda Luper and Ignacio Pizana as named plaintiffs in place of Akesha Grizzard and Joshua Dickson on June 9, 2014. Plaintiffs argue that, under FLSA, all of these brief log-out periods should be compensated as hours worked. Specifically, Alorica calculates CSRs' pay based on when CSRs log in and log out of a timekeeping system and does not pay CSRs for times during the day when they are logged out for brief periods of under 20 minutes. Plaintiffs allege that Alorica uses a company-wide compensation scheme for its customer service representatives ("CSRs") which treats breaks of less than 20 minutes during a CSR's continuous workday as uncompensated time. This action involves a single claim under the Federal Labor Standards Act (FLSA).
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Named Plaintiffs Melissa Lillehagen, Sharon Shaw, Janna Carlile, Shanai Whitmore, Brenda Luper, and Ignacio Pizana (collectively, "Plaintiffs") are current and former employees of Defendant Alorica, Inc.
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This lawsuit was filed on January 18, 2013. After reviewing the papers and hearing the oral arguments, the Court DENIES Plaintiffs' Motion for Partial Summary Judgment, GRANTS IN PART AND DENIES IN PART Defendant's Motion for Summary Judgment, and DENIES Defendant's Motion to Decertify. 135), and Defendant's Motion to Decertify Collective Action ("Decert. 159), Defendant's Motion for Summary Judgment ("D-MSJ") (Dkt. CARTER UNITED STATES DISTRICT JUDGE ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DENYING DEFENDANT'S MOTION FOR DECERTIFICATION DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT īefore the Court are Plaintiffs' Motion for Partial Summary Judgment ("P-MSJ") (Dkt.