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Tuesday, February 13, 2007

Dell call center employees sue the company



The Dell call center is located in the North Roseburg Plaza, off Northeast Stephens Street.
The Dell call center is located in the North Roseburg Plaza, off Northeast Stephens Street.ENLARGE
The Dell call center is located in the North Roseburg Plaza, off Northeast Stephens Street.
JON AUSTRIA/ N-R staff photo
Employees at Dell Inc.’s call center in Roseburg have sued, claiming Dell violates federal and state wage and hour laws.

David Norman and Walter Romas, both of Roseburg, have alleged that Dell denies earned wages and overtime pay to its sales representatives in Roseburg and nationwide, according to a court complaint filed Feb. 8 at the United States District Court in Eugene.

Norman is a current employee at Dell’s call center in Roseburg, while Romas worked there from December 2003 to July 2006. They are represented by attorneys in Kansas City, Mo., and Eugene.

They are seeking to certify the case as a class action lawsuit that includes all overtime-eligible Dell employee who have worked at Dell in Roseburg during the last five years.

A release from attorneys at Johnson, Clifton, Larson & Schaller Attorneys and Counselors at Law in Eugene estimated more than 1,000 employees will be eligible to participate.

In September 2006, Dell reported having 350 employees in Roseburg, with 85 percent working full time.

“Paying employees for all the time they work is not a novel or controversial concept,” said Eugene attorney Derek Johnson, representing the plaintiffs, in the release. “It is time for Dell to comply with the law.”

Five additional sales representatives at the Roseburg call center — Sean Beeman, Don Hukel, William Kemp, Jason Kottke and Shirley Morgan — have already consented to be party plaintiffs in the lawsuit.

Phone calls to Dell representatives seeking comment were not immediately returned this morning.

Examples of the unlawful practices claimed in the lawsuit include Dell using a timekeeping system — called Kronos — that does not record all hours worked by call center employees, which means they are not paid for their total time.

The complaint also alleges that if a sales representative only takes a 30- to 45-minute lunch break, one hour of pay is automatically deducted.

“Dell is aware” of the issue, according to the complaint, “but it has failed to correct the timekeeping problem with Kronos.”

Also alleged is that representatives are not paid for time spent on “integral and indispensable job duties that are necessary” to the job, including daily meetings, booting up computers and reading and responding to customer e-mails.

It all leads to Dell “willfully” failing to pay overtime compensation or keep accurate time records, “in order to save payroll cost.”

“Dell enjoys ill-gained profits at the expense of its call center employees,” according to the complaint.

The plaintiffs have not stated a specific amount they are seeking in damages.

Dell, based in Texas, also operates call centers in Idaho, Oklahoma, Tennessee and Texas.

It opened its Roseburg center in November 2002 to much fanfare, immediately employing 250 people.

Dell received incentives from the city and county to locate its operation in Roseburg, including a five-year property tax exemption if it offered compensation packages averaging $40,000 per year.

For a story about Dell in September 2006, Helga Conrad, director of the Umpqua Economic Development Partnership, said Dell fell only $200 short of that figure, on average, and were granted a three-year abatement.



You can reach reporter Paul Craig at 957-4211 or by e-mail at pcraig@newsreview.info.


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