Bank of America Gets Sued for Not Paying Workers to Turn On Their Computers
If you need to turn on your computer to work, the lawsuit argues that you should get paid for that time.
Published 1 month ago in Wow
When does your workday begin? If you’re salaried, it might *technically* start at nine — but we all know that the process of settling in, having a coffee, being rejected by your coworker, crying in the bathroom, writing your poetry, reading fanfiction and looking up “how to move to Japan” makes it so the real workday doesn’t start until later.
But the beauty of being a salaried employee is, that doesn’t matter. But what if you’re hourly? What if there’s an essential task you need to do for your job, but because of a quirk in how hours are counted, you don’t get paid for it?
That’s the crux of a new proposed class action against Bank of America. According to the complaint, hourly employees were forced to perform a series of pre-work steps before clocking in. This included “unlocking encrypted drives, signing in through multi-factor authentication, connecting to a VPN, and launching business-critical applications,” per Tom’s Hardware.
Even though these steps could take up to 30 minutes every day, employees say they weren’t getting paid for this time. Now, a proposed class action is attempting to get workers back pay for this time.
The plaintiff may actually have a point. The Fair Labor Standards Act (FLSA) says employees must be paid for time spent on tasks that are essential to their job. Additionally, the agency has previously ruled that starting up and setting up a computer can count as part of an employee’s main work activity if it’s necessary to perform their job.
In short, the plaintiff claims that opening the company’s digital workspace was required to do their analyst duties — consequently, Bank of America should have paid for that time.
Makes sense — but personally, I’m just hoping there comes a day where you can bill your boss for all the hours you’ve spent being annoyed about something they did.