Global Payments Settles Overtime Dispute with Remote Workers

Posted by: Brian Schaffer

Global Payments Inc. agreed to settle a lawsuit involving more than 100 remote customer service workers who claimed they were underpaid for time spent starting computers and logging into required systems.

What Unpaid Time Did Global Payments Workers Allege?

The lawsuit alleged that remote call center workers weren’t compensated for the time required to boot up and log into software and phone systems before their shifts. Workers also alleged unpaid time for logging back in after lunch and shutting systems down at the end of the day.

How Many Workers Joined the Case?

A federal judge conditionally certified a group of current and former remote employees with similar job responsibilities, and approximately 115 workers joined the case.

Can Computer Startup and Login Time Be Compensable?

Computer startup and login time may be compensable under the Fair Labor Standards Act if courts determine the process is integral and indispensable to performing the job, as two federal appeals courts have ruled in call-center cases. However, a federal district court in Ohio held that such time is not compensable when it is merely a preliminary step before starting principal work activities.

An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship. This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS

Is remote computer startup time compensable under the FLSA?

Potentially. Remote work doesn’t eliminate the requirement to pay covered employees for compensable working time. If workers must boot computers, connect to networks, authenticate, open required applications, or complete other necessary tasks before they can perform their principal duties, disputes can arise over whether that time must be recorded and paid. The Global Payments lawsuit alleged that remote customer-service employees performed required startup and login activities before their paid shifts began.

Can logging back into systems during an unpaid lunch break create a wage claim?

It can if the activity is compensable work and the employee is required or permitted to perform it during otherwise unpaid time. A bona fide unpaid meal period generally requires the employee to be relieved of duties. The Global Payments complaint alleged that workers were automatically logged out after inactivity and had to use part of their unpaid lunch periods to reconnect to mandatory systems. The actual time, requirements, and employer knowledge can all matter.

Does an employer have to track work performed by remote employees outside scheduled hours?

Employers generally have recordkeeping obligations for covered nonexempt employees and must pay for compensable work they know or have reason to know is being performed. Remote work can make accurate systems especially important because job activity may occur through logins, phone systems, messaging platforms, or other digital tools outside a scheduled shift. Employees should still follow legitimate time-reporting procedures, but an employer can’t simply disregard compensable work it permits or requires.

What digital records can help document unpaid remote work?

Computer login and logout records, VPN connections, phone-system timestamps, application activity, chat messages, emails, schedules, time punches, and help-desk records can all provide useful timing information. Pay stubs and written policies can show how the employer recorded and compensated that time. Not every digital timestamp proves compensable work by itself, but these records can help reconstruct whether required tasks regularly occurred before clock-in, after clock-out, or during unpaid breaks.

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