TPUSA Remote Customer Service Overtime Lawsuit

TPUSA Overtime Lawsuit

Yezbak Law Offices PLLC and Hollingsworth Law Office, LLC have filed a lawsuit against TPUSA, Inc. alleging violations of the federal Fair Labor Standards Act (FLSA).

The lawsuit alleges that TPUSA required remote hourly Sales and Customer Services Representatives (SCSRs) and similarly situated employees to perform work before they were permitted to clock in, resulting in unpaid work time and unpaid overtime compensation. The complaint further alleges that these employees regularly worked more than 40 hours in a workweek without receiving all overtime wages required by federal law.

The lawsuit also includes individual claims on behalf of the named plaintiff under the Family and Medical Leave Act (FMLA). Those claims are personal to the named plaintiff and are not part of the proposed overtime collective action.

Who May Be Affected?

According to the Complaint, the proposed collective includes:

“All hourly employees who worked for TPUSA as remote Sales and Customer Services Representatives (or in similar hourly roles) and who worked more than 40 hours in at least one workweek during the three years before the lawsuit was filed.”

Whether any employee ultimately qualifies to participate will depend on the facts of each person’s employment and future rulings by the Court.

What Does the Lawsuit Allege?

The Complaint alleges that TPUSA required remote employees to:

• Start computers and log into required systems before clocking in;
• Launch applications and complete other required startup procedures before they were allowed to record their work time; and
• Perform approximately 10–15 minutes (or more) of unpaid work before each shift, particularly when technical issues occurred.

The lawsuit alleges that this unpaid work caused employees to lose overtime wages required by the FLSA. TPUSA denies these allegations (or has the right to deny them), and the Court has not determined whether the allegations are true.

Current Status of the Case

The lawsuit was recently filed in the United States District Court for the District of Utah.

The Court has not determined whether the allegations are true or whether other employees are similarly situated under the FLSA. At an appropriate stage of the litigation, Plaintiff intends to ask the Court to authorize notice to potential members of the proposed collective.