In a holding with probably extensive applicability, the Tenth Circuit dominated that point dedicated to booting up a piece pc and launching sure software program earlier than clocking in is compensable beneath the Truthful Labor Requirements Act of 1938, 29 U.S.C. §§201-19 (FLSA), when these actions are integral and indispensable to an worker’s principal work actions. Peterson v. Nelnet Diversified Sols., — F.4th —, 2021 U.S. App. LEXIS 30273 (tenth Cir. Oct. 8, 2021). The circuit court docket additionally held that, even when staff’ particular person and complete mixture claims are comparatively small, an employer just isn’t excused from offering compensation “[in] the absence of any important sensible administrative burden in estimating the period of time concerned.” Id. at *36.
The Underlying FLSA Collective Motion
Nelnet Diversified Options is a scholar mortgage firm that employs call-center representatives (staff) who “service scholar loans and work together with debtors over the telephone and thru electronic mail.” Id. at *3. Nelnet pays these staff “as soon as they clock into the timekeeping system at their particular person workstations.” Id. However the staff should carry out a number of preshift duties earlier than they will clock in. Id. Particularly, they need to first get up their work computer systems, insert a safety badge, and enter their credentials. Id. The pc then robotically launches a software program program, which in flip masses the timekeeping system. Id. As soon as the software program is loaded, they’ve entry to the timekeeping system and will clock into the system. Id.
