An all-too-common fact pattern in wage-hour litigation is the non-exempt employee who (i) turns on or wakes up their computer; (ii) enters their username and password...
Seyfarth Synopsis: A federal district has parted company with two appellate circuits in holding that computer boot-up time is non-compensable under the FLSA.
An all-too-common fact pattern in wage-hour litigation is the non-exempt employee who (i) turns on or wakes up their computer; (ii) enters their username and password; (iii) if they are remote, accesses a VPN and or dual-authentication application for themselves; and then (iv) open the timekeeping system before clocking in. Such boot up time before clocking in, Plaintiffs' lawyers argue, is compensable time but isn't captured in the timekeeping system and therefore isn't paid.
A U.S. Department of Labor fact sheet and decisions from the 9th Circuit (Cadena v. Customer Connexx LLC) and 10th Circuit (Peterson v. Nelnet Diversified Sols.) have supported that theory. And because some courts have been reluctant to apply the de minimis defense, employers have not fared as well as hoped when facing claims for back overtime pay for boot-up time.
Earlier this month, however, the United States District Court for the Southern District of Ohio held that boot up time generally is non-compensable under the FLSA in Lott v. Recker Consulting LLC. Going back to basics, the court began with the premise that compensable time is an employes' "principal activity or...
Tamil Nadu Minister for Agriculture and Farmers’ Welfare M.R.K. Panneerselvam on Saturday (November 22, 2025) accused the Opposition parties of spreading false allegations against the State govern...