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Employees say they should be paid for time-consuming prework preparations

December 2022 employment law letter
Authors: 
Charlie Plumb, McAfee & Taft

For some employees, getting their work computer up, running, and ready to perform each day is a complicated, time-consuming process. When should an employer pay for that daily process?

A call center employee’s workday

Customer Connexx, LLC, operated a call center that provided customer service and scheduling for an appliance recycling business. Call center agents, like Cariene Cadena, were hourly paid, nonexempt employees who were responsible for handling customer service and scheduling calls.

The employer’s policy prohibited off-the-clock work and required employees to record the actual hours they worked each day. Employees used a computer-based timekeeping system to record their starting and ending times.

The call center’s telephone system operated through the employees’ computers rather than through traditional telephones. To record their starting times, call center agents first had to turn on their computers and log in using a username and password. According to Cadena and others, depending on which computer an employee used that day, it took anywhere from one to 20 minutes for computers to boot up so they could clock in for their workday.

After clocking in, call center agents loaded programs and material they used, confirmed their telephone was working, and began accepting calls from customers. At the end of their shift, they closed out the software programs they had used during the day and clocked out.

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