Track this case
Labor: Fair Standards
Andrew P. Gordon
An appellate opinion may breathe new life into a case that a lower court dismissed, or throw out a decision with instructions to conduct a fresh analysis that adopts a new legal test. Here, Law360 reviews what happened in five minimum wage and overtime cases where an appellate ruling changed the course of the litigation.
Call center workers bringing wage and hour claims for off-the-clock work often face employers' arguments that the time was de minimis, or too insignificant to be compensable, but workers' attorneys see federal circuit court rulings and other factors as potentially changing that. Here, Law360 explores the de minimis issue.
The time call center workers spend turning on and off their computers is too insignificant to be compensable, a Nevada federal judge ruled, handing the call center company a win after the suit took a trip to the Ninth Circuit.
The time a group of call center workers spent booting up their computers is intertwined with their work and therefore compensable under federal law, the Ninth Circuit ruled Monday, overturning a win a district court handed to their employer.