SOURCE: Nichols Kaster, PLLP

Nichols Kaster, PLLP

February 20, 2009 12:26 ET

Magistrate Judge Recommends Conditional Certification to AT&T Corp. Call Center Employees Represented by Nichols Kaster, PLLP

PITTSBURGH, PA--(Marketwire - February 20, 2009) - On February 19, 2009, a federal magistrate judge in the Western District of Pennsylvania recommended granting conditional certification to AT&T Corp. call center employees who allege that AT&T regularly denied them pay for working off-the-clock without compensation. Magistrate Robert C. Mitchell wrote that the Plaintiffs had met their burden of establishing that they are similarly situated because employees at call centers in Pittsburgh, Pennsylvania; Lee's Summit, Missouri; El Paso, Texas; and Fairhaven, Massachusetts were all expected to be ready to take a call at the start of their scheduled shifts, which required them to log on to numerous computer applications beforehand. Moreover, the Court noted that Plaintiffs had met their burden of showing that AT&T's performance expectations -- known as "adherence" and "call handle time" -- required off the clock work. Therefore, Judge Mitchell recommended sending judicial notice of the action to current and former call center employees from Pittsburgh, Pennsylvania; Lee's Summit, Missouri; El Paso, Texas; and Fairhaven, Massachusetts.

This case, Bishop v. AT&T, Corp., 2:08-cv-00468-DWA-RCM follows a similar recent decision granting conditional certification to call center workers in Russell v. Illinois Bell Telephone Co., 575 F. Supp. 2d 930 (N.D. Ill. 2008). Judge Mitchell's decision also distinguishes the recent Order from the Northern District of Georgia denying conditional certification in Brooks v. BellSouth Telecommunications, 1:07-CV-03054-ODE.

The Plaintiffs are represented by James H. Kaster and David E. Schlesinger of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. Additional information about the cases is located at www.nka.com or may be obtained by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Contact Information

  • Contact:
    David E. Schlesinger
    Nichols Kaster, PLLP
    (612) 256-3277