One of These Things Is Not Like the Others: Some Class Representatives Just Don’t Belong

A seemingly never ending wave of call center class actions has been leveled against employers in recent years.  The hallmark of these suits invariably includes allegations of purportedly homogenous “drones” working off-the-clock when they are not helping customers.  Companies are left with few options other than shout into the wind that their policies prohibit such uncompensated work by their varied customer focused workforce.  Unfortunately, too frequently, courts are deaf to the employer’s concerns and certify collective and class actions with little regard to whether the named plaintiffs are “typical,” “adequate,” or even whether there is evidence of common issues among the putative class, other than the well-worn self-serving theories common to each of these suits.  Often enough, with little chance of legitimate policies and genuine differences among their workers carrying the day, companies are forced into expense settlements.

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