Customer service representatives may be entitled to compensation for time spent logging into and out of computer programs and apps before their shifts.
For example, a recent lawsuit against Wayfair alleges that its customer service representatives (“CSRs”) spend an average of 10-15 minutes before each shift: “turning on and logging into…computers; connecting to [Wayfair’s] virtual private network (VPN); and loading and logging into a number of essential work programs,” Cisco VPN, Finesse, G-mail, Jabber, Slack, Aspect/Verinit, and Workday. After this, Wayfair allegedly requires CSRs to use a dual authentication process to clock in.
The lawsuit also alleges that Wayfair requires CSRs to perform part of this boot-up process while clocked out on meal breaks and to log out of computer programs after their shifts end.
According to the lawsuit, Wayfair’s CSRs work remotely throughout the United States.
Plaintiffs allege that Wayfair’s practices violate federal law and cite the U.S. Dep’t of Labor’s Fact Sheet #64, which states that employees must be paid for time “from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday...An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails.” See DOL Fact Sheet #64: Call Centers Under the Fair Labor Standards Act (FLSA), https://www.dol.gov/agencies/whd/fact-sheets/64-flsa-call-centers.
The Wayfair lawsuit reflects the increasing use of computer programs and apps in the workplace. Customer service representatives and other workers should consider whether they are receiving compensation for every single minute of their time.
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About Finn W. Dusenbery
Finn Dusenbery's practice is focused on employment litigation. Finn is an associate in the firm's New York Office.
Finn W. Dusenbery
Associate at Faruqi & Faruqi, LLP
New York office
Tel: (212) 983-9330
Fax: (212) 983-9331