Comments on: Workers sue to get paid for turning computers on

By: Ed

Ed — Fri, 05 Dec 2008 22:19:03 +0000

My wife works part-time at the “Evil Empire” Wal-Mart. You can punch in 14 minutes after your start time and you are not considered late. Likewise you can punch out 14 minutes early and are considered to have left on time.

They do not get paid for that time but they clock in before they take off their coats and lock up their purses etc . .

By: Mike R

Mike R — Fri, 05 Dec 2008 22:15:24 +0000

HISTORY LESSON- When the FLSA was first implemented, there was a problem with a large number of employees (factory work) waiting to clock in and out at the timeclock at the beginning and the ending of the day. Hence, the 7 minute rule. If a person clocks in at 7 minutes prior to their scheduled time, they are paid as though they simply arrived on time. If a person clocks in at 7 minutes after their scheduled time, they are paid as though they simply arrived on time. The thought being that if they arrived on time, and delayed by their time clock line, then they would be clocked in by 7 minutes after. Many companies apply this rule when calculating time cards today, although most people could clock in right on the time they are scheduled.

So now the time clock doesn’t have a long line, but a long boot up time. Same problem, same solution.

I hear all these people talk about 15 minute boot ups….a little hyperbole…I still have a 386 DX that doesn’t take that long to boot. However, during the boot process, i may have to sign in and enter a password at certain points, and that can be a legthy process, especially if I’m getting donuts and coffee while the computer boots up.

By: John

John — Wed, 03 Dec 2008 21:41:22 +0000

Hmmmm. . . Be careful what you pray for. You just may get it.

By: Ed

Ed — Wed, 03 Dec 2008 18:09:00 +0000

Brian – are you on lunch or the companies time as you read and write on this topic?

By: Brian

Brian — Wed, 03 Dec 2008 18:01:27 +0000

I used to work for AT&T (in businesss sales). When we began our shift, our computers were already turned on. We just had to log into them. In our department, we had approximately 12 different systems we had to log into. These ranged from DSL sales system , billing systems for each of the states we service, etc. My point is, The compluter would take 5 minutes to log in, then the additional systems would take another 10 minutes. These systems do not automatically log in, we have to do it manually (so technically we are working). Our phone system was the last thing you would log into…because when you log into the phone system, you immediatley begin receiving calls. You obviously cant tell a caller…please wait 15 minutes while I log into my computer. I fully agree with this lawsuit! I was written up many times for being late to work. I was there 15 minutes before my shift. I was logging into my computer. I finally took my first call 3 mininutes ater my shift began (although I had been there 18 minutes). They called me late. Thier computers were late. I would love to join this lawsuit and seek restitution for my time and harassment!!

By: Ed

Ed — Wed, 03 Dec 2008 17:54:28 +0000

If you honestly paid employees for every minute actually working they would lose out becuase of the time that employees waste in non-work related chit chat, internet surfing, smoke breaks, vending machine runs, 15 minute breaks that go 17 minutes (that time adds up), bathroom breaks, the occasional looks out the window, personal telephone calls etc. . .

Employees take much more personal time while getting paid for working than the average computer takes to boot up daily.

If companies are required to pay for this time – you can bet soon the only authorized breaks are the meal period, any net surfing that is not business related will be cause for discipline up to and including discharge, smoke breaks will go away, eating while working will not be allowed in general –

I say let those greedy employees sue – the backlash might just be increased productivity from all that they will lose.

By: Heidi Baldwin

Heidi Baldwin — Wed, 03 Dec 2008 17:17:50 +0000

Linda, I agree that it is not right for those surfing the net for personal use and getting paid for it..but there are some again that don’t do that. I know some. I think that is a management issue. Their are ways to tract that and control it. And yes I am “Hell Bent” on paying employees for work performed and turning on and off a computer is part of their job. Think about all the money that is wasted by the upper management everyday..in the thousands for personal uses but they have to cut corners with the little guy over something so silly as not paying them for turning on and off a computer.

By: Fred Wagner

Fred Wagner — Wed, 03 Dec 2008 17:12:02 +0000

Could it be that the root of the problem is that the timekeeping software doesn’t clock the employee in until after the employee has booted the computer, and if that takes a while (say the company hasn’t defragged the PCs and the users aren’t allowed admin privileges to do it themselves, and the PCs do take 10-15 minutes to boot up), then the employee really IS at their desk working at other tasks, but the Network-based timekeeping system insists that the employee isn’t working until after they manage to login. If this describes the case, the company really DOES have a problem. My organization lets us submit timesheets where we say how many hours we worked in various categories. We ‘flex’ our time – if we show up a bit late, we stay a bit late. If we take a short lunch one day, we take a longer lunch the next day. The employees in this instance do have a case!

By: Linda

Linda — Wed, 03 Dec 2008 16:56:43 +0000

Kim said it ~ my same thought! The average employee wastes 2.5 to 3 hours a week surfing the internet. I say it is a wash also. “Tit for Tat” I say ~ let’s start taking them off the clock for any time spent surfing the net. If an employee walks in turns on their computer it can boot up while they are taking off their coat and putting away their personal items. Come on ~ this is ridiculous! If Hiedi is so hell bent on paying out more money ~ God forbid that we make an employee mad. Why not have the employee turn on the computer at the time they are to start their work day; not 15 minutes prior, and shut down in time to be off the clock when the shift ends.

By: Heidi Baldwin

Heidi Baldwin — Wed, 03 Dec 2008 15:40:47 +0000

Thank you Karl and R.B.