Friday

Liveops Prevails in Independent Contractor Lawsuit



It has been almost a year since Jeannette Gonzalez and Tammy Kerce filed a lawsuit questioning whether Liveops violated Fair Labor Standards by considering its workers Independent Contractors instead of employees, which would then require Liveops to provide minimum wage and overtime pay. Unfortunately, many Liveops work at home agents considered this lawsuit to do more harm than good, and argued that when signing up for Liveops, they fully understood that they were only independent contractors. The results of this lawsuit could potentially deny Liveops' agents the flexibility that makes it such an amazing company to work for. Fortunately for these agents, the good news is finally out: Liveops resoundingly succeeded in court. According to a December 10, 2008 legal document from the United States District Court Northern District of Atlanta Division (with bolding added),

"This action having come before the court, Honorable Beverly B. Martin, United
States District Judge, and the court having determined that judgment may properly be
entered in favor of defendant LiveOps, Inc., it is
Ordered and Adjudged that the plaintiffs take nothing; that the defendant LiveOps,
Inc. recover its costs and fees of this action
, and the action be, and the same hereby, is
dismissed
."

This is excellent news for Liveops, since in addition to being ruled in favor of, the final order even awarded Liveops all court costs. Congratulations Liveops on your victory!

17 comments:

Anonymous said...

hmm...they may have won this time...but the are not down. Sad when you see a crappy company like this take advantage of so many women...and the women are happy to be treated like sweat shop labor. I am glad I left that place...

Keep posting I want to know when the next lawsuite comes around. Some one will eventually win and LO will pay for the way it treats people.

Those that are thrill...I guess you are just happy dumbfounded sheep...baaa baa....keeping slaving away!

Anonymous said...

I can see where you might be coming from, but on the other hand Liveops provides a work opportunity for many stay-at-home moms who might not be able to do any other job. Plus, in this economy right now many people are just happy to have a job. My final point is that you said in your post that you left Liveops. Congratulations! More calls for the other agents! Liveops is not forcing anyone to work for them, and its agents can leave whenever they want to.

Anonymous said...

Why do you consider Liveops crappy?? I have worked for them for over 3 years and had no problems. I think they give their Independents exactly what they need to make money from home which includes decent pay, bonuses, flexiblility and the ability to work from home. Just my 2 cents.

Anonymous said...

I don't know much about liveops but was considering giving them a shot. Would I be making a mistake?

Kari said...

I worked for LiveOps for over four years and was treated kind of crappy at the end but compared to West, ACD Direct, and Arise I think LiveOps winds hands down.

Anonymous said...

I have been with liveops for almost 4 years myself they do pay good BUT I hate that you dont get paid for trainings nor do you get paid to attend conference calls so in the end you do make less then you average

Anonymous said...

Look at all that Anonymous... feel like I'm on 4chan or something.

Guess I'll post anonymously, too! Sup /b/!

-_-

Anonymous said...

I think its sad for the reasons that the people, mostly women, who work there, think that they have found some great thing in this company and don't question the time they have to put into it in relation to the little they get out of it.

I worked for them for 6 years and when I found them I thought they were some sort of God send. Until recently I was still using the mounds of recyclable paper I generated with all the unpaid mandatory work I had to put in.

A good deal of the people who choose to work for them are unemployable and uneducated. The only way I know this is from hearing them on the phone during meetings for years. Of course they may not have been at their best since they were not working but come on. I just feel badly that they now have some sort of proof that they are worth the little LO is willing to give to them

I left LO for another work at home job for about twice the pay that I really enjoy but even they are a little underhanded in making us pay them in effect for any days we have off so was really hoping LO would not prevail.

I think its sad they won and solidifies an dangerous predecent that preys on women, the poor, uneducated, and moms. I just hope this has at least given LO contractors something to think about - that being that they are worth more than the minumum wage they get there considering all the guff they have to take from the public and the company.

I"m not bitter. I loved LO for a long time and actually left because I felt bad I was having to short change it and not show up for committs ( the only way you actually get any calls) because of this new job but do hope this sees lots of LO hopefuls realize that it really is just a well thought out, well orchastrated scam to get almost free labor out of certain segments of the population.

Anonymous said...

LiveOps WAS very lucky, in my estimation. Perhaps the plaintiffs had a bad lawyer, because the misclassification of employees should have been very easy to prove.

LiveOps primarily takes inbound calls from TV infomercials. Agents are paid for their "talk time", generally $.25 per minute. They insist agents rigidly adhere to a script and require agents' attempt from 1 to 6 or 7 'upsells' over the advertised TV price. Furthermore, agents must then offer 'affinities' like memberships in so-called family savings clubs that charge upwards of $300 a year and magazine subscription sales. Webblogs are full of complaints about these scams. If an agent doesn't repeat the affinity sale word for word their account is suspended.

Accounts are also suspended for excessive talk times (only if a sale is not completed) and a plethora of other minor as well as major transgressions. So much for "independence".

There is always an overabundance of agents on duty; why not!
LiveOps has NO expense for agents, so it matters not to them if agents lack for call volume. Better to have too many than not enough.

Not everything is bad about LiveOps! They're located in one of the highest rent districts in the world: Silicon Valley. Their top executives were recruited from highly successful dot com companies (Google, PayPal and the like) so you can imagine the huge salaries and bonuses the big wigs exact from the sweat off the brow of its agents ($7 - $9 per hr. average starting earnings).

LiveOps recently started another campaign to get their agents to tell the FED how good it is to be an independent contractor,; apparently they are now, or expect to soon be investigated.

Mando said...

Yes there is a sense of "I'm cool" I get to work at home. It is low pay (some even make this their sole income--this can be done living in a dirt poor area I guess). It is not impressive work by any means unless you're one of the unemployable and under-educated. I thank god I was never forced to go this route. These companies really do prey on these people's "I'm different look at me I work from home" mindset. Many can't function socially or are isolationists..they search out this work, home school their children,and play all day or chat on blogs. And then they feel they have to share every detail of their lives including their money problems -- I wonder why.

Anonymous said...

I understand that there is a new lawsuit against LiveOps, filed in July of 2009. Does anyone know the lawfirm handling this case?

Anonymous said...

anyone know the name of the law firm handling the new law suit?

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get paid for online surveys said...

This is excellent news for liveops...the genuine always have the power to stand and win...the rest illegitimate and scam sites can not.

Ginene said...

People need to realize they are not forced to work there. What maybe a pain to others is a blessing to some.

Anonymous said...

I work for liveops and i like it. I think people that previously stated only uneducated people work for liveops are extremely ignorant and oddly enough seem to not even realize they are insulting themselves as they too work for liveops. You get want you put in. My friend and I both work full time and we sustain enough to live of off. My friends check was 1200 FOR ONE WEEK!!!!I SAW IT WITH MY OWN EYES. My first week i made 200 and i was barely taking any calls b/c i was still learning, now i average about 600 a week. We are both far from uneducated. If you want the money you will get it. Point blank, it you have a nasty attitude you ARE NOT GOING TO LAST.

Anonymous said...

Well i know Tammy personally and she trys to sue everybody ao not sure to who really belive here..lol..she was trying to get "easy" money i think..she has a history of it..i dont know the other lady...time will tell in all