Kristy Douglas; Tysheka Richard, individually and on behalf of all others similarly situated, Plaintiffs-Appellants,
Xerox Business Services, LLC, a Delaware limited liability company; Livebridge, Inc., an Oregon corporation; Affiliated Computer Services, Inc., a Delaware corporation; Affiliated Computer Services, LLC, a Delaware limited liability company, Defendants-Appellees.
and Submitted July 12, 2017 Seattle, Washington
from the United States District Court for the Western
District of Washington John C. Coughenour, Senior District
Judge, Presiding D.C. No. 2:12-cv-01798-JCC
Foster Johnson (argued), Breskin Johnson & Townsend PLLC,
Seattle, Washington; Toby J. Marshall and Marc C. Cote,
Terrell Marshall Law Group PLLC, Seattle, Washington; Jon W.
MacLeod, MacLeod LLC, Seattle, Washington; for
Patrick Michael Madden (argued) and Todd L. Nunn, K&L
Gates LLP, Seattle, Washington, for Defendants-Appellees.
Before: Michael R. Murphy, [*] M. Margaret McKeown, and Jacqueline
H. Nguyen, Circuit Judges.
panel affirmed the district court's summary judgment in
favor of the defendants in an action brought by call center
workers under the Fair Labor Standards Act.
other circuits, the panel held that the relevant unit for
determining minimum-wage compliance under the FLSA is the
workweek as a whole, rather than each individual hour within
the workweek. Under the workweek standard, defendants
complied with the minimum-wage provision.
McKEOWN, CIRCUIT JUDGE
appeal, we address an issue of first impression in our
circuit regarding the minimum-wage provision of the Fair
Labor Standards Act ("FLSA"). Specifically, we
consider whether the relevant unit for determining
minimum-wage compliance is the workweek as a whole or each
individual hour within the workweek. Although the statutory
text and context do not conclusively answer this question, we
are persuaded by the powerful history of administrative and
judicial decisions that have adopted the per-workweek
approach since the passage of the FLSA in 1938. We join our
sister circuits and embrace the per-workweek measure.
Douglas and Tysheka Richard worked as customer service
representatives at call centers run by Xerox Business
Services, LLC ("Xerox"). Their main task was to
answer incoming calls from Verizon Wireless customers and
field questions, but they made outbound calls and also
performed call follow-up work. Like any office job, their
duties also entailed various administrative tasks, such as
attending trainings and meetings and monitoring work-related
announcements and email.
Xerox's mind-numbingly complex payment plan, employees
earn different rates depending on the task and the time spent
on that task. For certain defined activities (such as
trainings and meetings), employees receive a flat rate of
$9.04 per hour. From there, things get complicated. Time
spent managing inbound calls is paid at a variable rate,
calculated based on a matrix of qualitative controls
(e.g., customer satisfaction) and efficiency
controls (e.g., length of calls). The wage ranges
anywhere from $0.15 to $0.25 per minute (i.e., from
$9.00 to $15.00 per hour). The ...