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PETERSON v. NELNET DIVERSIFIED SOLUTIONS, LLC

Nos. 19-1348, 20-1217.

15 F.4th 1033 (2021)

Jeff PETERSON, personal representative of the Estate of Andrew Peterson, on behalf of himself and all similarly situated persons, Plaintiffs-Appellants, v. NELNET DIVERSIFIED SOLUTIONS, LLC, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED October 8, 2021.

Attorney(s) appearing for the Case

Adam W. Hansen of Apollo Law LLC, Minneapolis, Minnesota ( Eleanor E. Frisch , of Apollo Law, LLC, Minneapolis, Minnesota; Gregg I. Shavitz of Shavitz Law Group, P.A., Boca Raton, Florida; Michael Palitz of Shavitz Law Group, P.A., New York City, New York; and Brian Gonzales , of Brian D. Gonzales Law Offices, Fort Collins, Colorado, with him on the briefs), for Plaintiffs-Appellants.

Julian R. Ellis and Matthew C. Arentsen , ( Richard B. Benenson , Martine T. Wells , and Sean S. Cuff with them on the briefs) of Brownstein Hyatt Farber Schreck, LLP, Denver, Colorado, for Defendant-Appellee.

Before MATHESON, EBEL, and MORITZ, Circuit Judges.

Over 300 call-center representatives (CCRs) who work or worked at call centers operated by Nelnet Diversified Solutions, LLC (Nelnet) allege that Nelnet fails to pay them for time devoted to booting up their work computers and launching certain software before they clock in. The district court concluded that these activities...

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