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Submission + - Bank of America faces lawsuit over alleged unpaid computer boot-up time (hcamag.com)

Joe_Dragon writes: Bank of America is facing allegations that hundreds of hourly workers performed up to 30 minutes of unpaid computer setup work daily for years.

A former Business Analyst filed a class action lawsuit in federal court on October 23, claiming the banking giant systematically shortchanged remote employees who had to boot up complex computer systems before their paid shifts began.

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.

Here's how it worked: 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 lawsuit says Bank of America enforced a strict "phone ready" policy. Employees had to be prepared to handle calls the moment their scheduled shifts began. Anyone who clocked in but wasn't immediately available to take or make calls for too long risked poor performance scores and possible disciplinary action, up to and including termination.

Yet the company allegedly discouraged workers from reporting any time outside their scheduled hours. Martin's paystubs routinely showed exactly 40 hours per week, or exactly 32 hours when she missed a day—suggesting the bank paid for scheduled time rather than actual work performed.

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.

Martin earned $46.17 per hour through a third-party staffing agency, though Bank of America controlled her schedule, training, and employment conditions. Like many of her colleagues, she regularly worked full-time hours, meaning the uncompensated startup and shutdown time should have been paid at the overtime rate of one and a half times her regular wage.

The lawsuit points to 2008 guidance from the Department of Labor that specifically addresses call centers under the Fair Labor Standards Act. That guidance explicitly states that an example of the first principal activity of the day for call center workers includes starting computers to download work instructions and applications. It also requires employers to keep daily or weekly records of all hours worked, including time spent in pre-shift and post-shift activities.

The filing suggests Bank of America either didn't bother to determine whether the computer time was compensable or knew it was but failed to pay for it anyway. The lawsuit notes the company has faced factually similar cases from other employees about time spent loading and logging into computer systems.

For the week of March 11 through March 17, 2024, for example, Martin was paid for 40 regular hours but no overtime. With unpaid pre-shift, meal-period, and post-shift time of at least 20 minutes per shift over five shifts, she should have received an additional 100 minutes at her overtime rate of $69.25 per hour. Similar calculations apply to other pay periods cited in the complaint.

Business Analysts were interviewed by company hiring managers and assigned to Bank of America managers upon hire. The bank provided supervisors who oversaw their daily performance and gave them training and technical support. The company controlled work schedules and retained the ability to discipline and terminate employees. The positions were hourly, non-exempt jobs with rigid schedules requiring at least eight hours per day, on average five days per week, and up to 40 hours or more weekly.

Martin seeks to represent all current and former remote hourly Business Analysts who worked for the bank during the three years before conditional certification through judgment. She estimates the group includes hundreds, if not thousands, of workers who performed essentially the same tasks using the same or similar computer programs under the same timekeeping policies.

Many Business Analysts, including Martin, were employed through third-party staffing agencies but were required to comply with all Bank of America employee handbook policies, including those covering attendance, timekeeping, and overtime.

The case remains in early stages, with no court ruling yet on whether it will proceed as a class action or on the merits of the allegations.

Comment Apprenticeship / trades need some General Educatio (Score 1) 220

Apprenticeship / trades need some General Education. But not the full load with the old 2 / 4 year degree system.

Now I think that hurt some of the shutdown for profit schools in trades they where forced into the degree system and the big universities that where at some times overly theory loaded did like the new kids getting on to their turf.
Now if school in the usa was free like HS back in the 70s-80s the we may of gotten to jobs wanting masters + 1-2 years of trade school. Like doctors for jobs that pay way less then doctor pay just to start at the bottom.
Now the studen loans with ZERO RISK to the banks or schools did not help at out and really changed what may been an 1-2 year trade program into and 2-4 year trade program + all of universitiey bloat that was not needed.

But if the banks and schools had loan risk on studens who where not able to pay it off. Do you think things likes very high book cost? or even forced swim tests (that you need pay for?) Forced PE class that for one class you pay more then an 1-2 year high end gym contract whould of happned?

Comment Re:Based on the article... (Score 1) 248

The halting problem isn't unsolved at all; there are simple programs that can be fed into the testing framework for which the behavior is impossible to analyze, i.e., undecidable. Perhaps you got "unsolvable" and "undecidable" mixed up.

The original formulation of Pascal's wager is actually quite interesting—it's a game-theoretic probability analysis, described long before game theory was devised and when probability was in its infancy. Pascal's mugging targets the assumptions of the wager rather than its logic: in his writing, the nature of the divine is regarded as immutable, certain, and consistent with church doctrine.

To judge Pascal's intellect we really have to look at the context in which he was writing—the middle of Europe and the height of the witchcraft scare—and observe that he seems to have omitted the possibility of a demon (the sort that witches were alleged to commune with!) posing as a fake god, an idea that was explored extensively in early Christian heresies such as Gnosticism and Marcionism. Moreover the seventeenth century, Huguenots (protestants) were all over France, and so all of his readers would have been intimately familiar with questions of which doctrine was more authentic.

A lot of authors in this period heavily self-censored in order to avoid conflict with the state. Although the Inquisition was no longer active in France, the church had an immense amount of power, and running afoul of it could cost one's livelihood or worse. (Not to mention the sensibilities of patrons.) In some cases we only know an author's real position on occult subjects because of texts that were published posthumously or barely circulated; Isaac Newton, for example, wrote way more on magic and alchemy than on gravitation, calculus, or optics.

It's possible Pascal was not the theological bootlicker we've remembered him as, and, frankly, it's hard to imagine he never considered the flaws of the Wager, considering the messy world he lived in. Unfortunately there's no room for nuance when it comes to the popular narrative of, "child prodigy mathematician drinks too much communion wine and tragically starts spouting nonsense upon reaching adulthood."

Comment Re: Based on the article... (Score 1) 248

Alright. Let me take the gloves off and be serious, since your other new response was a shitpost beyond reckoning.

Trivialism will not help you: the generation of consciousness is undecidable because we do not have a concrete definition of it.

The intended meaning of my comment was that the subjective experience of consciousness, like the Internal Revenue Service, is probably an emergent phenomenon built upon an immensely complex framework. "Missing the forest for the trees" comes to mind—if you're looking at the fundamental interactions that enable the atoms of the trees to exist, you'll never figure out that the trees were planted to spell out a message when viewed from orbit.

This gene, HAR1, is a non-coding RNA that we have known for decades is the smoking gun for human intelligence. It is key to the development of our language skills and absent from chimpanzees. If the authors of the paper were serious about studying the emergence of subjective consciousness, they would throw all their energy into deciphering how this gene influences brain development, then walk backward up the taxonomic tree, repeating the same diff-and-analyze operation until they reached nematodes, which have only a handful of neurons and are so simple that the average person can memorize all of the possible interactions and behaviors of those cells.

There is no room for a God of the Gaps when it comes to nematodes. They can be emulated by a Turing machine with perfect fidelity. They have no subjective experiences beyond those experienced by the billions of macrophages inside of you or a simple paramecium.

Interestingly all of these things thrash around wildly when they receive a fatal injury, ostensibly for the same reason we do—the pain is overwhelming and movement is an efficient way to introduce a competing signal that dilutes the misery. To the layperson seeing this through a microscope for the first time may be a bit horrifying as it seems rather relatable. But it isn't part of consciousness—resisting it is. It's just instinct, the result of a web of signalling molecules and proteins trying to minimize feedback loops caused by negative stimuli.

With all that said—the Simulationist argument is almost always made in bad faith, or as a result of someone acting in bad faith trying to plant seeds in the minds of others. It has long been a thought-terminating cliche wielded by nihilists and eschatologists to justify apathy and other actions that devalue life on this planet. Deciding whether the universe was constructed or not does not matter, because there are no tangible consequences of simply possessing a yes/no answer to that question. Belief will not tell us how to find bugs to exploit, nor will it give us proof we could ever escape from it. To do either, we would need actual direct evidence of artificiality that rules out all alternatives, and even that may not yield any utility.

However, advocates of nihilism do have something to gain from disseminating Simulationism—they get to push narratives about how it is fine to abandon social responsibility. In milder cases of internet-poisoned solipsism, they think it's fine to screw up (because nothing is "real"); more severely, Millerite cultists believe that a completely antisocial value system (donate all your money to the church and wait for the Rapture) is the optimal approach to life. Most dangerous are the oligarchs pushing this narrative: if you do not care about the universe, then you probably don't care about politics and won't stand in their way when they shred public institutions. This is basically what happened in post-Soviet Russia, though they didn't have to work nearly so hard to achieve it.

Because of these manipulative ideologies, anyone who promulgates or advocates a belief in Simulationism needs to be dealt with harshly and cynically to discourage them from openly proselytizing to the public. Unfortunately the battle is, in the main, very much lost for now, but so long as we know how to recognize the enemy we stand a chance of outliving them.

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