The Defendant is Cloud 10 Corp, a provider of inbound communications, including telephone, email, Internet chat, or fax communications; outbound communications, including customer surveys, appointment scheduling, market analysis, customer loyalty management, and win-back programs. Cloud 10 is headquartered in Centennial, Colorado.
- Position(s): home-based hourly customer service advisors who worked for Cloud 10, Corp.’s Apple account
- Location(s): anywhere in the United States
- Time Period: October 24, 2014 – November 7, 2017
The Claims in the Lawsuit
The lawsuit alleges that Advisors who worked for Defendant’s Apple Account were victims of Defendant’s common unlawful policies in violation of the FLSA, including:
Failing to pay Advisors for time spent training at the beginning of their employment with Defendant;
Failing to pay Advisors for time spent booting up their computers, logging into and connecting to Defendant’s computer network, and opening and accessing required computer software applications before punching in, which occurred at the beginning of each shift, upon returning from unpaid breaks, and in instances in which Advisors had to restart their computers or computer software applications due to technical issues;
Failing to pay Advisors for periods during the workday in which they were disconnected from Defendant’s computer network but were required to continue handling incoming telephone calls;
Docking entire shifts of Advisors’ pay as a penalty for punching in after their scheduled shifts;
Requiring Advisors to perform work after the end of their scheduled shifts, including handling incoming customer support telephone calls, completing notes from calls, and exchanging work-related e-mails and other communications, but failing to pay Advisors for such time;
Requiring Advisors to punch out before logging out of other computer software applications and shutting down their work computers, thereby depriving them of hourly pay for time spent performing such postliminary activities.
Compensating some of Advisors’ hours in excess of 40 in a workweek at a rate less than time-and-a-half their regular rate of pay.
Failing to pay Advisors for time outside of their shifts they spent engaging in telephone calls with Defendant’s managers regarding work-related issues including technical programs with computer programs, scheduling errors, and payment issues.
As a result, the lawsuit claims that Advisors including Plaintiffs were not being paid for all hours worked, including hours in excess of 40 in a workweek, in violation of the FLSA and the laws of the states from which Advisors performed their jobs for Defendant.
December 16, 2016: the case was filed in the United States District Court for the District of Colorado, and has been assigned to District Judge William Martinez.
October 24, 2017: Judge Martinez granted the Plaintiffs’ motion to approve distribution of a court-approved notice of the lawsuit. The notice was distributed in November 2017 via mail and email, with instructions for individuals seeking to join the lawsuit to return enclosed “Consent to Join” forms by January 16, 2018.
February 17, 2018: Over 200 individuals have joined the case, and the deadline to join has closed. The case is currently in the discovery phase.
April 29, 2019: Pursuant to the parties’ settlement agreement, Cloud 10 mailed settlement checks to all eligible opt-ins.