Peterson v. Nelnet Diversified Solutions, LLC

1. What was the legal issue in this case? What did the appeals court decide?

2. What was the plaintiffs' job? What activities did they engage in prior to clocking in each day? How much time did they spend engaging in these activities?

3. Why was the time spent performing these activities compensable time? Why were these activities not equivalent to standing in line waiting to punch in on a time clock, an activity that regulations and case law have held to not be compensable time?

4. What is the de minimis doctrine in wage and hour cases? What factors do courts consider in deciding whether unpaid work time is de minimis? Why did the appeals court decide that the time spent performing these activities was not de minimis?

5. Should any amounts of work time, however small, be deemed de minimis and effectively converted into free labor for employers if they can be documented or credibly estimated? Why or why not? Should courts also consider the fact that any work time deemed de minimis will continue to accrue to the benefit of employers for years to come? Why or why not? Does the widespread use of computers in the workplace largely negate the argument that it would be administratively problematic to record most work time? Why or why not?

6. Do you agree with the court's decision in this case? Why or why not?