Droesch

BACKGROUND

23 Plaintiffs were or are telephone-based employees of Wells Fargo. At the beginning of each 24 workday, Plaintiffs must boot up their computers before they can begin work. Once their 25 computers are booted up, Plaintiffs launch a telephone software program known as either 26 Softphone or ACES, which enables them to receive phone calls. At the end of the workday, 27 Plaintiffs go through the same process to log-off of Softphone/ACES and shutdown their computer. This process is the same regardless of whether the employees are working at a call center or working from home. Non-exempt employees such as Plaintiffs are responsible for recording their own time in a Windows-based computer program called “Time Keeper.” As with the Softphone or ACES program, employees open the Time Keeper program once their computer boots up and manually record the time they start work as well as the time they finish work at the end of the day. According to the Wells Fargo Team Member Handbook, employees are: “responsible for submitting timely and accurate records in Time Tracker of the time you work. This includes any time spent on electronic…