News & Analysis as of

Wage and Hour Commute Time Fair Labor Standards Act (FLSA)

Bradley Arant Boult Cummings LLP

On the Road Again – When Travel Time is Compensable Work Time

Summer is over, kids are back in school, and parents (your hourly employees) are available again for more travel work. They may travel to meetings, job sites, and other locations regularly, occasionally, or once in a blue...more

Parker Poe Adams & Bernstein LLP

FLSA Requires Pay for Commuting Time to and From Overnight Worksite

The Fair Labor Standards Act contains complex rules for determining whether non-exempt employee travel is compensable working time. In most circumstances, time spent commuting to and from work is not considered FLSA working...more

Jackson Lewis P.C.

Seventh Circuit: Travel Time During Normal Working Hours is Compensable for Employees on Remote Assignment

Jackson Lewis P.C. on

Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more

Dentons

Remote Work and Payment for Commute Time

Dentons on

With employees continuing to have remote schedules or with the implementation of hybrid work schedules, questions continue to arise for hourly employees on what is paid or unpaid time. Questions occur when employees may have...more

Jackson Lewis P.C.

Commute Time Is Compensable Only When “Integral And Indispensable” To Employee’s Duties, Fifth Circuit Reaffirms

Jackson Lewis P.C. on

Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says Travel Time During Partial Telework Days Is Not Compensable

According to U.S. Department of Labor regulations issued under the Fair Labor Standards Act, if a non-exempt employee reports to work in the morning and then travels during the working day to another worksite, that travel...more

Amundsen Davis LLC

DOL Clarifies That Not All Travel Time Is Compensable In The Era Of Telework

Amundsen Davis LLC on

On the last day of 2020, the US Department of Labor (DOL) issued an opinion letter impacting employers using telework arrangements in light of the COVID-19 pandemic. While a vaccine is now rolling out and we will hopefully...more

Jaburg Wilk

Do I Have to Pay for THAT?

Jaburg Wilk on

DOL Issues Guidance Regarding Compensable Time for Time Spent Traveling - The Department of Labor closed probably one of the most challenging years in the labor and employment law world by issuing an opinion letter...more

Jackson Lewis P.C.

Wisconsin Supreme Court Holds State Law Precludes Pay For Normal Commute Time In Employer-Provided Vehicles

Jackson Lewis P.C. on

Reversing a decision of the lower appellate court, the Wisconsin Supreme Court has held that state law does not require employers to pay employees for routine commute time driving company-provided vehicles between the...more

Ward and Smith, P.A.

Time is Money . . . Unless It's Not: U.S. Department of Labor Clarifies Compensable Work Time

Ward and Smith, P.A. on

In case you haven't noticed, the U.S. Department of Labor (DOL) has been busy. After not issuing any opinion letters since 2009 during the Obama administration, the Wage and Hour Division ("WHD") of the DOL has issued 23...more

Bradley Arant Boult Cummings LLP

Yes to Getting Paid for Getting Dressed? Doesn’t Meet the Test, Says 11th Circuit

When do you have to pay an employee before a shift? In Llorca v. Sheriff (Collier County, Florida), the Eleventh Circuit waded into the rich history of what types of pre-shift activities might qualify for hourly compensation....more

Sheppard Mullin Richter & Hampton LLP

Department of Labor Offers Employers Clarity By Resuming Its Practice of Issuing Opinion Letters

In a welcome departure from its recent practice, the U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued its first new opinion letters in almost ten years. In addition to issuing three new opinion letters...more

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