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Bank of America Faces Lawsuit Over Alleged Unpaid Time for Windows Bootup, Logins, and Security Token Requests (hcamag.com) 181

A former Business Analyst reportedly filed a class action lawsuit claiming that for years, hundreds of remote employees at Bank of America first had to boot up complex computer systems before their paid work began, reports Human Resources Director magazine: Tava Martin, who worked both remotely and at the company's Jacksonville facility, says the financial institution required her and fellow hourly workers to log into multiple security systems, download spreadsheets, and connect to virtual private networks — all before the clock started ticking on their workday. The process wasn't quick. According to the filing in the United States District Court for the Western District of North Carolina, employees needed 15 to 30 minutes each morning just to get their systems running. When technical problems occurred, it took even longer...

Workers turned on their computers, waited for Windows to load, grabbed their cell phones to request a security token for the company's VPN, waited for that token to arrive, logged into the network, opened required web applications with separate passwords, and downloaded the Excel files they needed for the day. Only then could they start taking calls from business customers about regulatory reporting requirements...

The unpaid work didn't stop at startup. During unpaid lunch breaks, many systems would automatically disconnect or otherwise lose connection, forcing employees to repeat portions of the login process — approximately three to five minutes of uncompensated time on most days, sometimes longer when a complete reboot was required. After shifts ended, workers had to log out of all programs and shut down their computers securely, adding another two to three minutes.

Thanks to Slashdot reader Joe_Dragon for sharing the article.
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Bank of America Faces Lawsuit Over Alleged Unpaid Time for Windows Bootup, Logins, and Security Token Requests

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  • Not for consumers at home.

  • by williamyf ( 227051 ) on Saturday November 08, 2025 @05:54PM (#65783006)

    I would start working when I walked through the door, Since my machine was only mine, I'd turn it on on mondays, endure the 20min boot + Opening of apps (+ Memory dumping process*), and turn it off on fridays, ah, good times

    * After booting and opening all your "workworse apps", you would call a script that would request 85% to 90% of the total RAM of the machine, forcing everything to SWAP. Afterwards, slowly, things would come back from swap, but only the really usefull stuff, all the flaff (codepaths seldomly used, if at all) stayed on the swap. Made a huge difference on Win2000 and XP, less so on latter editions, as the memory manager was slowly refined.

      • https://xkcd.com/303/ [xkcd.com]

        The 45 minute builds back in the 1990s .....

        • https://xkcd.com/303/ [xkcd.com]

          The 45 minute builds back in the 1990s .....

          I was the NOC sysadmin, later, manager for Value added services.

          The closest I was ti compiling was for verifone terminals before the telco job. The compiling on the PC was fast enough. Dumping the code into a POS to test because the simulator was shit was the real bummer.

          That and the frequent defrag/optimization of the machine.

        • by tlhIngan ( 30335 )

          The 45 minute builds back in the 1990s .....

          Obviously someone never tried compiling the Linux kernel back then. An hour to build was considered fast. It also was a good stability test because questionable computers would almost always crash.

          These days the Linux kernel takes 5 minutes tops.

          Android is also a beast to build - back in the early days, half a day to build it was common. Even on a high end machine you did a clean build in around an hour and a half. If you got a super tricked out Threadripper PC wi

    • * After booting and opening all your "workworse apps", you would call a script that would request 85% to 90% of the total RAM of the machine, forcing everything to SWAP. Afterwards, slowly, things would come back from swap, but only the really usefull stuff, all the flaff (codepaths seldomly used, if at all) stayed on the swap. Made a huge difference on Win2000 and XP, less so on latter editions, as the memory manager was slowly refined.

      Such software was available from the 90s or even earlier and was ALWAYS

    • That could actually work (depending on what you're using)... but, you'd have to spend time trying to get all of that aligned just right for whatever you do.

  • I'd rather lay bricks rather than do this nonsense flimsy ritual that makes you hate computers.
  • I think that might matter. Running software through something like a citrix session via a secure connection on their home PC might negate any "when did they actually start working" argument. Much like I don't start getting paid the moment I hop in my car to go to work.

    Kind of like a "digital" comminute.

    • tool prep time is not really an commute or is read the notes of the day

      • by Jhon ( 241832 )

        I stand by my comparison. If the tool I'm provided is an employer-provided workstation, I should get paid the moment I start using it. If the tool I'm provided is a citrix session across a secure connection, I should get paid the moment I connect to it from my home PC.

        Don't like the commute analogy? I would suggest that analogies are never "perfect" or "exact" -- they basically highlight similar bits of two different things to HOPEFULLY illustrate some concept or idea. If you are expecting it to be a 10

        • by bsolar ( 1176767 )

          I stand by my comparison. If the tool I'm provided is an employer-provided workstation, I should get paid the moment I start using it. If the tool I'm provided is a citrix session across a secure connection, I should get paid the moment I connect to it from my home PC.

          By that reasoning commuting with a vehicle provided by the employer should count as work time, but it does not unless the employer asserts some form of control in how the commute is performed, e.g. by requiring work-related stops or prohibiting non-work-related stops, enforcing specific routes etc...

          The deciding factor is not who owns the tools, but whether the activity is "integral and necessary" to perform the work as required by the employer. Logging into a workstation to access software or data required

          • by Jhon ( 241832 )

            "By that reasoning commuting with a vehicle provided by the employer should count as work time..."

            Sigh....

            You quoted me. There was more to what you were replying to than what you quoted. Read the rest:

            "I would suggest that analogies are never "perfect" or "exact" -- they basically highlight similar bits of two different things to HOPEFULLY illustrate some concept or idea. If you are expecting it to be a 100% match, I think you might be misunderstanding what an analogy is."

            • by bsolar ( 1176767 )

              You quoted me. There was more to what you were replying to than what you quoted. Read the rest:

              "I would suggest that analogies are never "perfect" or "exact" -- they basically highlight similar bits of two different things to HOPEFULLY illustrate some concept or idea. If you are expecting it to be a 100% match, I think you might be misunderstanding what an analogy is."

              That's exactly my point. There is a difference between an analogy which is imperfect but fundamentally similar and an analogy which is simply not appropriate due to fundamental differences. Commuting and using a tool for a work-related activity are not analogue one with another.

      • by AmiMoJo ( 196126 )

        People expect to be paid for commute time too, at least in the sense that they will want more money if the commute is longer. Work from home made just coming to the office at all something which people want more money for.

        • You start at 7:30AM, right? And, you are done for the day at 5PM or something...

          Your paycheck should cover your commute... maybe you could move to someplace closer.
          Just because you chose to get a job 80 miles away, and have to make that drive every day, the company shouldn't have to foot the bill. My sister doesn't get that kind of special treatment, even though she has to drive 40 miles to her hospital for the NICU ward in Florida.

        • People expect to be paid for commute time too, at least in the sense that they will want more money if the commute is longer. Work from home made just coming to the office at all something which people want more money for.

          I read the posts, and I cannot help thinking that a lot of people play a big part in their issues. So worried about seconds, so worried about commutes, so much anger toward anyone "over" them. I've always just did what needed to be done. And I've been paid very well for it.

          And no, not since being a teenager did I do hourly work. But my extra pay, for my salary, even when adjusted for the hours I've worked, is far beyond what others in my position were making.

          So people wanting paid by the second, or p

        • by Jhon ( 241832 )

          "People expect to be paid for commute time too, at least in the sense that they will want more money if the commute is longer. Work from home made just coming to the office at all something which people want more money for."

          People (employees) make that choice. They might take a longer commute for a job that pays more. It's not up to the employer to PAY for that commute ON TOP of their pay rate for a given job -- at least in my opinion.

  • by fahrbot-bot ( 874524 ) on Saturday November 08, 2025 @06:31PM (#65783082)

    Employees only got paid for their time during mouse and key presses, not releases.

  • as someone who worked at a call center with really crap pcs .. a while. Luckly we just had time sheets we filled out and the bosses knew that ya we start at 8 but we don't take a call till 8:20 because it takes that long to get everything logged in.
  • Then all the other theft combined. Look it up. Corporations steal more from you than any Petty criminal ever has or ever will.
  • Should my employer pay me for my commute to the office? What about when I take a shower and brush my teeth? They should pay me to get dressed too. I mean if I wasn't going to work I could just stay naked.
    • bus and tram drivers get paid for pre trip work time and the time from depot to 1st stop of the run.

    • by bsolar ( 1176767 )

      Should my employer pay me for my commute to the office? What about when I take a shower and brush my teeth? They should pay me to get dressed too. I mean if I wasn't going to work I could just stay naked.

      A normal commute is not considered work time if your employer exercises no control over it, but if they do, e.g. by requiring you to follow a specific route or prevent you to use the commute for personal activities, then it can become work time.

      In the case in question there is no doubt the activity which was not being compensated was an "integral and indispensable part of the principal activities [justia.com]" of the worker. There is no doubt IMHO that it should be compensated.

  • ... with a Linux setup on her brand new good Lenovo laptop with the lates W1ndows pre-installed. Backed up her Thunderbird Mail directory, wipe-installed Mint Linux and set it up in a few minutes. The difference in boot time and responsiveness is night and day.

    I started at a new company a year back and hat one of their Win Laptops for a few weeks before my dev MB Air arrived. The system was so finicky to the point of being unusable. I was speechless. I fundamentally don't get why people even use W1ndows for

    • The system was so finicky to the point of being unusable. I was speechless. I fundamentally don't get why people even use W1ndows for regular stuff these days.

      Weird. I seem to have no problem with my Windows machine at home. Rock solid, boots up quickly. My work machine on the other ran runs like a molasses on a cold day. Interestingly so does my colleague's work MacBook. 99% of the problems with Windows are either not spending more than $200 on your hardware or letting corporate IT get anywhere near it.

      You think Microsoft's telemetry is bad? Just wait and see how fucking slow things get when your IT starts cramming their own spyware (and Teams) down your throat.

    • ... with a Linux setup on her brand new good Lenovo laptop with the lates W1ndows pre-installed. Backed up her Thunderbird Mail directory, wipe-installed Mint Linux and set it up in a few minutes. The difference in boot time and responsiveness is night and day.

      I started at a new company a year back and hat one of their Win Laptops for a few weeks before my dev MB Air arrived. The system was so finicky to the point of being unusable. I was speechless. I fundamentally don't get why people even use W1ndows for regular stuff these days. If all you need is Mail, Web and some digital project and content management. there is absolutely no need for anything other than a lean modern Linux. The last version of W1n that I used for anything meaningful was Win2k and that was just about 25 years ago.

      Totally bizarre.

      I suspect that she prefers Linux now. I've set up grandmas with Linux. They email (T-Bird) they Surf (Firefox) and so many fewer problems. Most administer the things themselves. A pity that so many in here, where people are supposed to be savvy, have so much trouble even getting Linux to install.

      When my wife had a shoulder operation some years ago, I got her a touch screen Windows 8 machine. Oh, I was out fixing problems every single day. After a month, the problems disappeared - I thought. I went to c

  • by SeaFox ( 739806 ) on Saturday November 08, 2025 @07:27PM (#65783200)

    ...grabbed their cell phones to request a security token for the company's VPN, waited for that token to arrive...

    Sounds like they are waiting for a SMS to arrive with a security code for the login session, which is both slower and not secure (venerable to SIM-jacking) compared to a TOTP/HOTP code they would be able to get instantly from a authentication app.

    • It sounds like they have employees on premises who they aren't paying to be there despite the employees being unable to work due to their own incompetence. The method of login really is secondary to this story. Fun fact a few years ago I used to arrive at the office at 9:15 but got paid from 9:00. Yes legally they were required to pay us the time it took to walk from the parking lot all the way into the control room. But then we have worker protection laws in my country.

  • Cases like this should never be brought, and the lawyers who take them are despicable; they're one reason why we can't have nice stuff, as the saying goes.

    This will consume court time, consume the time of people FORCED into jury duty (for which they will not be properly compensated, and ironically, on the demand of people claiming to be improperly compensated). It will add another layer of self-defensive activity to corporate America which is already up to its collective eyeballs in such unproductive garbag

    • EVERYBODY has that particular uncompensated overhead in their jobs.

      We also don't pay for your work clothes, that you only need for work. Nor the gas, maintenance, insurance, etc. for the car to get to work. Nor the computer glasses you need to see the screen.

    • Cases like this should never be brought, and the lawyers who take them are despicable; they're one reason why we can't have nice stuff, as the saying goes.

      This will consume court time, consume the time of people FORCED into jury duty (for which they will not be properly compensated, and ironically, on the demand of people claiming to be improperly compensated). It will add another layer of self-defensive activity to corporate America which is already up to its collective eyeballs in such unproductive garbage only needed to hold-off lawyers... It will add a microscopic additional cost to everything (which is indeed barely measurable in itself BUT adds onto all those other microscopic cost additions that end up being, in total, significant).

      Basic question for the griping bank employees: Did you ever sue the bank for the time it takes you to commute to and from the job while working in-person? Surely THAT time took longer for most people and was also uncompensated. Of course, had they tried a lawsuit for THAT time, they probably would have been laughed out of the lawyers' offices because pretty much EVERYBODY has that particular uncompensated overhead in their jobs.

      Yup, look forward to clocking out every time you use the toilet, drink coffee, and anything not directly task related. Yet we have those who are consumed by hatred of work, co-workers, and probably all humanity who demand that they be paid for going to work. Perhaps they are a big part of their problems.

      If a person is so worried about money and minutes, perhaps they might look for other employment?

  • Cadena v. Customer Connexx LLC:

    Employees (call reps) spent 6–12 minutes booting up computers, logging into soft phones/VPNs, and clocking in before shifts; similar time shutting down after clocking out. Unpaid time allegedly caused overtime violations.

    Peterson v. Nelnet Diversified Sols.:

    Pre-shift: ~2 minutes waking computer, logging in with badge/password, loading Citrix for timekeeping/email/loan data access. Total unpaid: ~48 cents/shift, but cumulative for low-wage workers.

    Call center
    • Cadena v. Customer Connexx LLC: Employees (call reps) spent 6–12 minutes booting up computers, logging into soft phones/VPNs, and clocking in before shifts; similar time shutting down after clocking out. Out of curiosity, how much are you paid per minute?

  • Working by the clock, means you have a very constant, steady workload. So the amount of accomplished tasks equals the time spent working.

    Although:
    - Employers will tend to increase the workload within the same time span.
    - Employees will push the other way and slow down their work until end of work time.

    This method is praised because it simplifies management. It is just laying time tables and checking employees are on their assigned time.

    While paying by the accomplished tasks within a defined time frame is mo

    • To summarize, the clocked work time need time managers, whereas the tasks oriented work requires projects managers.

      I'm paid by the task - I have no manager. My work is my proof of work. I regulate myself.

      Granted, it is work that requires a lot of intellectual input and analysis, and if I fail, it cannot be hidden. I fail bigly. That's why I get paid the big bucks! But I'm trying to figure the disconnect here. I've always thought of Slashdot as being populated by professionals. Yet we have a lot of people worried about minutes, even seconds and even angry they are not paid for the commute. That outlook is not profess

      • by La Gris ( 531858 )

        I agree 100% with Everything you said. When you are your own employer, you cannot escape the realty, that you can only get your customers pay for the value you created, and if you fail a something, the consequences are entirely on you.

  • The greedy suit & tie banksters absolutely never fail to be the downfall of every organization they nest into like a plague-rat infestation.
    It truly is almost unbelievable what kind of insane nickle-and-diming stupidity they come up with to wipe their feet on those who are supposedly below them in the org-chart.

  • by theodp ( 442580 ) on Sunday November 09, 2025 @01:14PM (#65784146)

    Don't count on help from the Supreme Court on this. Integrity Staffing Solutions, Inc. v. Busk [wikipedia.org], 574 U.S. 27 (2014), was a unanimous decision by the United States Supreme Court, ruling that time spent by workers waiting to undergo anti-employee theft security screenings is not "integral and indispensable" to their work, and thus not compensable under the Fair Labor Standards Act.
     
    Jesse Busk was among several workers employed by the temp agency Integrity Staffing Solutions to work in Amazon.com's warehouse in Nevada to help package and fulfill orders. At the end of each day, they had to spend about 25 minutes waiting to undergo anti-theft security checks before leaving. Busk and his fellow workers sued their employer, claiming they were entitled to be paid for those 25 minutes under the Fair Labor Standards Act. They argued that the time waiting could have been reduced if more screeners were added, or shifts were staggered so workers did not have to wait for the checks at the same time. Furthermore, since the checks were made to prevent employee theft, they only benefited the employers and the customers, not the employees themselves.

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