Liveops has prevailed in the lawsuit! To read the article click here!
(Note: This post has received an update. To view it, either go to the main page, or click here.)
I was just looking though the news, and I noticed that Liveops, one of the best work at home phone order companies in my opinion, is being sued! According to Justia Federal District Court Filings & Dockets, Jeannette Gonzalez and Tammy Kerce are the plaintiffs. The lawsuit was filed on December 3, 2007. The presiding judge will be Judge Anthony A. Alaimo.
In addition, one of the plaintiffs of the Liveops lawsuit, Tammy Kerce, appears to also have filed a suit against West at Home, another call company. (Seems like someone's a little sue happy.)
According to the Houston Chronicle:
"two agents in Georgia contends they don't even earn the minimum wage when their training time and nonpaid downtime between calls are factored in. The two women argue they're employees — not independent contractors — and are entitled to minimum wage and overtime pay."
Though these women might be making some points, I think they are clearly off! The Fair Labor Standards act applies only to employees. When they signed up to work for Liveops, they signed a contract, and I clearly remember reading something similar to "I agree that I will be working as an independent contractor, and not a a paid employee. I agree that I will be paid on a case by case basis" (It sounded similar to that when I applied.)
Now, I understand that in some states, agents would be considered employees, even if they signed a contract saying that they are only independent contractors, but if these people hate the job so much, they should go work for someone else! This is how I think it is when you work at home!
Instead, it looks like they're making all of the rest of us agents look bad. I have no idea where they got the idea that they were employees. Liveops makes it clear even in their faq's that we are all independent contractors, though this is a fine line, if you look at how the IRS defines an independent contractor vs. an employee.
A while back, West at Home got in some trouble similar to this, and because of it they changed lots of their agents into employees with fixed pay. Now, I don't know about you, but I like being able to have no limit on how much money I make per hour!
These women need to get a day job at a physical workplace, and let people who enjoy what they are doing work at home!
To view the public records of the court filings visit this link:
To view the article the Houston Chronicle did on the case, visit this link:
To see a brochure made by the IRS on whether or not a person is an Employee, visit this link:
(And, to me it looks like there is a fine line, but we are still Independent Contractors.)
Any of the names or personal information in this article are based on information obtained from public records, and may not be accurate.
For more information about Liveops, or to apply, follow the link below!
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