And it may be subject to reasonable time keeping rounding policies. It is also likely to be de minimis, i.e., less than 10 minutes in duration. My own view is that, in the right circumstances, log in/log off time, especially when paired with a remote timekeeping function, is arguably preliminary time under the Portal-to-Portal Act and is thus not compensable. In the past, I have called this a “boot up time” issue. Particularly with call center employees and remote or virtual workers ( i.e., those who work from home), who log into the company’s computer system, sign into the timekeeping software, download data bases and/or applications, and then get into a phone que or some other work related activity, there are invariably issues involving what is compensable working time. This is a common Fair Labor Standards Act (“FLSA”), Service Contract Act (“SCA”) and Davis-Bacon Act (“DBA”) issue. Department of Labor (“DOL”) to audit both private sector employers and government contractors and to seek extra monies for activities workers perform before the ostensible start of the work day. That's because it doesn't have anything on it. One of the biggest computer annoyances is when your machine gets slow over time….The thing is, when you first get a new computer and boot it up it works lightning fast.
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