When does the workday begin for a remote employee?
So is it when they log in? When they boot up their computer? When they launch the software that actually lets them take calls?
For remote non-exempt employees, those questions aren’t academic. They’re the difference between paid time and unpaid time.
And the 6th Circuit just signaled it’s ready to answer them.
In a case involving remote call center workers, the court is taking up when the workday actually starts for non-exempt employees who must power up computers, log into multiple programs, and get fully “call ready” before they can do the job they’re paid to perform.
That matters under the FLSA. Because once the workday begins, the pay clock is running.
Historically, the “continuous workday” doctrine tied compensable time to the first principal activity. In a physical workplace, that might be donning required gear or logging into a workstation.
But what’s the first principal activity for a remote call center employee?
Is it turning on the computer? Logging into the VPN? Opening the call-handling software? Or only when they’re officially available to take calls?
Employees will argue that all the required boot-up and log-in steps are integral and indispensable to their jobs—and therefore compensable. Employers will argue that the workday starts only once the employee is fully operational and ready to take calls.
The 6th Circuit now gets to draw that line.
Here’s the problem: in a remote environment, that line is anything but clear. And ambiguity is fertile ground for wage-and-hour litigation—especially class and collective actions.
If your business uses remote employees, you should be paying attention.
Define when the workday begins. Be explicit about what pre-shift activities are required—and which are indispensable versus ancillary. Align your timekeeping systems with the reality of how employees actually start their day. And train managers not to create expectations that employees should be “ready to go” before their paid time begins.
Because if employees must perform a series of required steps before they can do their jobs, a court may very well decide that the workday starts with the first of those steps—not the last.
The 6th Circuit may soon give us clarity. Don’t count on it landing where you want.
