This Week At The Ninth: Compensable Time And ADA Fees

This week, the Court explores whether time booting up a computer is compensable under federal labor law and addresses district courts' discretion to adjust fees for serial American With Disabilities Act litigants.

CADENA v. CUSTOMER CONNEXX LLC

The Court holds that time spent booting up a computer is compensable under the Fair Labor Standards Act, where in-person call center employees used computer programs not only to clock in but also to place calls and perform other duties.

The panel: Judges Bybee, Callahan, and Collins, with Judge Bybee writing the opinion.

Key highlight: "Because Appellants cannot perform their principal duties—receiving customer calls and scheduling—without a functional computer, booting up their computers at the beginning of their shifts is integral and indispensable and therefore compensable under the FLSA."