Does Work at Home Qualify for Minimum Wages and Overtime?

Tammy Kerce’s lawsuit alleges that she worked for West as a home agent.

West operates a telemarketing service, with 30,000 agents who work from their homes, which are located throughout the United States. Home agents process customer-initiated contacts involving direct sales and customer service. Particularly, home agents answer calls from West's clients, which include, among others, home shopping television networks and the business supply store chain, Office Depot.

Kerce says she and thousands of other home agents were mischaracterized by West as independent contractors rather than employees. They received no minimum wage and overtime compensation.

According to Kerce's complaint, on the days that she worked, she was required to log on to West's website to have West's customer calls routed to her home phone. West provided set times from which Kerce could work, and West required Kerce to remain at her computer for her entire shift, even if no one called. If Kerce received no calls, she was not compensated by West at all. Kerce alleged that she had no control of the number of calls routed to her by West. According to Plaintiff, West controlled the scripted answers that she had to read to the customers who called.

Kerce completed required training for West from her home in Brunswick, Georgia, and that she received no compensation for this training. Kerce also alleges that she received less than the minimum wage for work she did when she was paid by West, in part because West paid her by the minute instead of by the hour.

The court ruled that the home agents were economically dependent on West, and therefore could proceed with a class action lawsuit to recover lost wages.