Waiting to Log onto Computer before Clocking in May be Compensable Time
Waiting to Log onto Computer before Clocking in May be Compensable Time
By Erik Cansler
The Tenth Circuit Court of Appeals found that call center employees must be paid for the time (approximately two (2) minutes) they wait for their computers to boot up before they can clock in for work.[1]
About 350 customer care representatives (“CCRs”) at Nelnet Diversified Solutions, LLC’s student-loan-servicing call centers sued their employer under the Fair Labor Standards Act (“FLSA”) complaining that they cannot clock in until after inserting their security badge into their computer and then waiting for the timekeeping program to start.[2]
In response to the employer’s claim that booting up a computer and launching software is not compensable because it takes little to no effort, the Court found that ‘exertion’ is not in fact necessary for an activity to constitute ‘work’ under the FLSA.”[3] It also rejected the employer’s argument that the preshift, onsite activity was part of a the employee’s commute, found that the time spent on the preshift activity is not minimal, and the CCRs should be paid for it.[4]
The Takeaway
Despite the two minute log-in process seeming to be de minimus, employers should analyze the computer log-in processes for employees who are required to clock in for work through this sort of practice and consult counsel as to whether there may be potential liability. Contact the attorneys at Campbell Litigation today to talk about how this opinion could affect your obligations to your employees.