Appeals Court Sides with Employees’ Pre-Shift Wage Claims

On Oct. 8, 2021, the United States Court of Appeals for the 10th Circuit, which includes Oklahoma, rendered a decision that could have particular relevance in an era of increased telecommuting and remote work. In Peterson v. Nelnet Diversified Solutions, more than 300 call-center representatives who serviced student loans sued their employer for violating the Fair Labor Standards Act (FLSA) by failing to pay them for time spent booting up their computers and launching software before clocking in. The trial court found that the activities were compensable because they were integral and indispensable to the employees’ principal work activities, which included interacting with borrowers by telephone and email. But the trial court granted summary judgment to Nelnet because, in its view, the amount of time spent in booting up the computers and launching software and the value of the employees’ claims were de minimis, excusing Nelnet from paying the employees for such time. More.


Associated People:

Michael R. Pacewicz

Practice Area:

Labor & Employment