The judge’s decision was based on the fact that Brown was unaware of the local rule, and while conferring would have streamlined the proceedings, the parties were able to resolve some certification-related disputes outside the courtroom.
Additionally, PSCU had sought to impose a 12-page discovery questionnaire to be submitted along with class members’ consent to participate, a request that was also rejected in December.
The Heart of the Matter
Connie Brown initiated the lawsuit in June 2020, alleging that PSCU violated the FLSA by mandating call center employees to invest time in starting up their computers and logging into work-related programs before officially clocking in for their shifts. This daily pre-shift routine consumed up to 20 minutes of the employees’ time, according to Brown.
The call center workers at PSCU were only considered “on the clock” when they began taking calls. Failure to arrive early to perform the off-the-clock startup tasks could result in disciplinary action. Furthermore, workers had to curtail their meal break times to log back into essential programs, depriving them of their full break entitlement.
