Do Workers Have to be Paid to Boot Up Computers? Question Goes Before the Ninth Circuit
Does the FLSA require employers to pay workers to boot up and shut down their computers? While the question may sound ridiculous, it’s at the center of a long-running FLSA dispute that the Ninth Circuit Court of Appeals heard for the second time. In this article, we’ll talk a bit about the case and how it applies generally to FLSA issues.
Understanding the case
A call center in Law Vegas provides customer service and scheduling for an appliance recycling business. The call center’s agents are hourly, nonexempt employees whose primary work responsibilities include providing customer service and scheduling appointments for customers over the phone.
This particular company uses a computer-based timekeeping system. The company’s policy prohibits off-the-clock work and requires hourly employees to record their actual time worked. To get into the timekeeping program, employees must turn on their computers, log in with their usernames and passwords, and then open the timekeeping software. Afterwards, they can clock in on their computer. The company provides “punch claim forms” for employees to correct inaccuracies on their time cards due to technical problems.
How did the time clock cause an FLSA dispute?
According to the lawsuit, the plaintiffs said that the employees were not assigned to a specific computer. Instead, it was first come, first served. The length of time spent before employees could clock in varied depending on the age of the computer, the model, and whether it had been shut down or was in sleep mode.
Once the employees were clocked in, they used a software program that ran calls through their computers rather than a physical telephone. At the end of their shift, employees would wrap up the call they were on, close out the program, clock out, and then log off or shut down their computers.
Employees gave varying accounts of how long this process would take. They estimated it could take between 4.75 and 7.75 minutes to log off and shut down the computers. A group of employees filed a class-action lawsuit against their employer alleging that they should have been paid for the time they spent booting up and shutting down their computers. They claimed that the unpaid hours resulted in overtime violations under the Fair Labor Standards Act (FLSA).
The company won the first round in court. The district court sided with the company finding that the employees’ principal job duties did not include booting up and shutting down the company computers because the company hired them to answer phone calls and schedule appointments. The employees have since appealed the decision to the Ninth Circuit and that’s where the case stands now.
Talk to a Tampa, FL FLSA Lawyer Today
Are you being underpaid by your employer? Is your employer not compensating you for overtime? If so, you may be entitled to sue your employer and recover your unpaid overtime plus liquidated damages. Call the Tampa employment lawyers at Florin Gray today to schedule an appointment, and we can begin investigating your claims right away.
