9th Circuit rules computer bootup time is compensable

Employees at a call center were required to use a computer for all job tasks. At the start of each day, they frequently had to turn on computers and wait an average of seven to 12 minutes for the computers to become usable, at which point they could clock in and access the necessary programs to perform their job duties. Because the timekeeping system was on the computer, they weren’t compensated for that time.

The employees sued for violations of the federal Fair Labor Standards Act (FLSA), alleging the time was an integral and indispensable part of their principal duties. The trial court ruled for the employer on the grounds that time spent waiting for the computers to start so wasn’t compensable.

The 9th Circuit reversed the trial court’s ruling, holding that since using computers was an indispensable part of the employees’ job functions, waiting for them to turn on was compensable time.

Employees sue for unpaid time

Nonexempt employees at Customer Connexx worked in-person at a call center in Las Vegas, performing customer service and scheduling functions over the phone. The company had a policy requiring employees to record all time and prohibiting off-the-clock work. Employees clocked in and out using a computer-based timekeeping program, and they were required to clock in before performing any other job functions. All other employee functions were performed on the computer: Calls came in through the computer, and employees had to use software on the computer to perform their scheduling and customer service duties.