Call Center Overtime Violations: Are you working off the clock without pay?
If you’re not allowed to clock in until your first call comes through, you may already be owed unpaid wages.
This is one of the most common wage violations in the call center industry. In many centers, workers are required to log in, prepare systems, and sit ready — but the clock doesn’t start until the software transfers the first call.
This is a textbook example of being “engaged to wait.” If your shift starts at 9:00 a.m. but your first call doesn’t come in until 9:12, your employer may owe you for those 12 minutes — every single day.
Are You “Engaged to Wait”? That Time Must Be Paid.
Federal law distinguishes between employees who are “waiting to be engaged” (off duty) and those who are “engaged to wait” (on duty). If your job requires you to be present and available — like waiting for your system to boot up, your call queue to load, or your first call to come through — that’s considered working time under the Fair Labor Standards Act (FLSA).
Whether you’re delayed by slow systems or simply waiting for management or customers, your employer cannot withhold pay for that time.
Is Your Pre- or Post-Shift Work Compensable?
The short answer: Yes, if it’s necessary for your job.
Under the Fair Labor Standards Act (FLSA), your employer is required to pay you for all time spent performing work-related duties — even if they occur before or after your official shift.
You may be owed wages if you:
- Log in to systems before your shift starts
If you're required to launch software, check emails, or load tools before you can begin working — that’s paid time. - Attend meetings or trainings outside scheduled hours
Pre-shift team huddles or after-hours training sessions? These are compensable activities, even if brief. - Finish customer calls after you're clocked out
If your call runs long but you’re auto-clocked out, that’s illegal. You're still entitled to be paid — including overtime, if applicable.
Why This Matters: Your Time = Your Money
Let’s break it down:
- 15 minutes a day of unpaid work = 1.25 hours/week
- That’s 65 hours/year, or over $975 annually (at $15/hr)
- Add overtime rates, and the missing wages skyrocket
For companies with hundreds of employees, that adds up to millions in stolen wages.
Federal Law Is on Your Side
Under the Fair Labor Standards Act (FLSA), you're legally entitled to:
- Overtime pay (1.5x your hourly rate) for all time worked over 40 hours a week
- Pay for all required job activities, even if they take place before or after your scheduled hours
- Protection against retaliation for reporting wage violations
What to Do If You Suspect Wage Theft
Don’t let unpaid time slip under the radar. If you’re a current or former call center employee, our employment law firm can help you find out if you’re owed money.
We offer:
- Free Case Evaluations
- No Upfront Fees
- Nationwide Representation
Start with a free case evaluation
Think you’ve been underpaid? Don’t wait — your time to file may be limited.