Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Friday, May 22, 2009

Slow Computer Boot-Time Suit

Laptop Mag  at page 112 (April 2009), reported in a brief blurb (no link to the story online) that employees at AT&T, Cigna an United Health Group are suing their employers for the time they have to spend waiting for Windows to boot up. They claim that this amounts to 15-30 minutes per day.
The mag does not go into any detail about the plaintiffs legal theory. My guess is that this is a wage and hour claim for either OT or the min. wage under the FLSA. My guess is that these employers do not count the employees as working until they actually log in to their network.
If I am right, is this a good FLSA case. Is this any different than employees having to wear a uniform or have a long commute to work. Something to think about-maybe even an interesting article may come out of this story. Are my students getting the hint that this might be a good paper topic??

Mitchell H. Rubinstein

Employment Law, Interesting Cases, Oddly Enough, Legal, Technology | Permalink

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In some cases unluckily the putting in of your operating system may be corrupt which can absolutely make your computer a slow computer.

Posted by: Jad Smith | Jul 6, 2009 1:56:04 AM

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