Summary: Under a recent federal court ruling, when computer bootup time is a core aspect of your job duties, you may be entitled to compensation for this period you spend at work. If you think your employer is holding back rightful wages for computer bootup time, you should speak with an attorney as soon as possible for more information.
Companies must pay their employees for all tasks associated with performing their jobs. While you might not think that the time required to start your computer would be included in your pay, a recent ruling by a U.S. Court of Appeals for the Ninth Circuit established that this can be counted as compensable work in certain instances.
This federal court ruling demonstrates just one example of how employers engage in wage and hour violations in subtle ways. If you believe that your employer is withholding pay that you are owed—even for small tasks like starting your work computer—you should speak with a seasoned attorney who can investigate the situation further.
The Story Behind the Ninth Circuit’s Ruling
This case involves a Las Vegas customer service call center named Connexx. Under Connexx’s company policies, customer service representatives were required to clock in and out for each shift using timekeeping software.
Customer service representatives also had to be clocked in and ready to accept calls before their shifts began. However, clocking in was not a simple process. It required employees to turn on their computer, boot it up, log in, and open the timekeeping software.
Employees did not have their own workstations, and computers were often slow to warm up, meaning that the requirement to clock in before the shift began was generally time-consuming. To make matters even more challenging, Connexx prohibited employees from clocking in seven minutes or more before their shift started.
These policies resulted in workers spending time ranging from up to half an hour per session booting their computers up and down as well as clocking into timekeeping software. None of this time was paid for by Connexx. Two Connexx call center workers then decided to file a legal complaint against the company seeking unpaid overtime.
What This Ruling Means for Future Unpaid Wage Claims
The case proceeded to the district court, which granted summary judgment in Connexx’s favor. This ruling was reversed on appeal by the Ninth Circuit and sent back to the district court, which granted summary judgment to Connexx for a second time. The case was then sent back to the Ninth Circuit:
- The Ninth Circuit determined that the time Connexx call center employees spent booting up their computers was compensable under the Fair Labor Standards Act (FLSA)
- The court noted that this was because the employees’ core duties required a functioning computer, and the computer was the only means of answering calls or accessing scripts for calls
- Employees also had to use the timekeeping software on the computer, in addition to waking up and logging into the computers before they could clock in
- As a result, this time spent booting up the computer was a core part of Connexx workers’ job duties and should be compensated
The Ninth Circuit did not offer an opinion on whether that time would be compensable if employees worked remotely, and the ruling was specific to employees using employer-provided computers at a work site. Still, the ruling could lead to more cases involving workers who are engaging in computer usage that is integral to their work but are not being paid for bootup time.
Contact a Qualified Lawyer About Starting a Wage and Hour Dispute
You may be entitled to back pay for smaller tasks like computer bootup time if your employer has failed to correctly pay you for this work. Missing out on any compensation you are owed could have much greater ramifications over the long term, including impacting your eligibility for overtime pay.
A diligent attorney with the experience and skills to evaluate all your legal options can explain what recourse may be available to you. Do not hesitate to reach out via the intake form or chat to submit information about your potential case and receive your free review.
