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Verizon, Contractor Face Suit On OT Pay

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By JEROME R. STOCKFISCH

The Tampa Tribune

Published: July 11, 2008

TAMPA - A lawsuit accuses Verizon Communications and a subcontractor of violating federal overtime law by requiring some customer-service staff members to work more than 40 hours a week without extra pay.

The suit in U.S. district court in Tampa was filed Thursday on behalf of a Pasco County woman who served as one of Verizon's "personal account managers" - a new team of employees with rosters of customers who contact them directly with questions or problems. The pilot project rolled out in Tampa this year provides FiOS TV, phone and Internet customers with an individual "PAM" to serve as their liaison to the company.

According to the suit, personal account managers work from 9 a.m. to 9 p.m. Monday through Saturday for a total of 72 hours a week. They work from home with a company-provided BlackBerry cell phone.

They are paid $10 an hour for the first 40 hours of work, according to the suit. The employees may receive an additional $200 a week if they receive a positive customer service score, and earn commissions on sales of certain services, the suit states.

The suit names Verizon and its subcontractor for the customer support, PDS Technical Services of Tampa. It alleges violations of the Fair Labor Standards Act, which traditionally requires time-and-a-half pay for hours worked in excess of 40 a week.

The labor law identifies exceptions to the act - typically managers on salary and certain professional ranks - but the suit states the Verizon workers do not meet those exemptions.

Verizon officials had not seen the suit late Thursday, said spokeswoman Sharon Shaffer.

"We were not aware that a suit had been filed today in Tampa against Verizon, so we're not in a position to comment until we see it," she said.

Ryan Barack, a lawyer with the Clearwater firm Kwall, Showers & Barack who is handling the case, said he expected more plaintiffs to be named. The suit seeks the unpaid overtime, which was not specifically identified, and for that figure to be doubled in damages.

Reporter Jerome R. Stockfisch can be reached at (813) 259-8402 or jstockfisch@tampatrib.com.

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