Tenth Circuit Court of Appeals and a federal district court in Pennsylvania. Whether employees should be paid for login time was the subject of recent cases in the U.S. (Be sure to check state law! Some states, like California, don’t recognize the de minimis exception.) However, if the amount of time logging in is too small, irregular, or administratively difficult to track (e.g., a few seconds or minutes that varies by the day and by the employee), then it could be regarded as de minimis-and not compensable -under federal law. The Fair Labor Standards Act (FLSA) requires nonexempt employees (i.e., those who are eligible for overtime) to be paid for all time worked, including pre-shift and post-shift activities that are integral and indispensable to the job, unless the time spent on those activities is “de minimis.” If your employee regularly uses his computer for his job duties, and logging in is necessary to use the computer and start the time clock, then that time is integral and indispensable to his job. ![]() Do we have to pay for this time?Īnswer: If his work depends on his computer use and he’s spending a few minutes every day logging in, you most likely should be paying for that time. It only takes him a few minutes-if that-each day. Question: I have a remote employee asking if he’s going to be paid for the time it takes to log into our timekeeping software.
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