In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that...more
Across California and the nation, developers moved to start fewer homes in 2023, a decline some analysts say could send home prices and rents even higher as supply shortages worsen. Developers cite several reasons for...more
Friday: July 28, 2023: Seventh Circuit: ADA Requires Employers To Consider Accommodating Employee Commutes To Work - Rejecting the trial court’s grant of summary judgment in favor of the employer, the United States Court of...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
Summary - On June 9, 2022, the Philadelphia City Council passed an ordinance that would require certain employers to make available to eligible employees a commuter transit benefit program. The bill is currently awaiting...more
Over the last 12 months, many employees have started to return to work at a worksite other than their home, even though some remain remote or partially remote. Employers may need a refresher on commute time for employees....more
In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as...more
It is well-established that injuries and illnesses, such as those sustained in a motor vehicle accident that occurs during an employee’s normal commute time from home to work, are not work-related and thus not recordable...more
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
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
With the tremendous increase in telework, employers have had to face a number of new issues, including properly compensating their employees. Fortunately, the United States Department of Labor Wage and Hour Division (“DOL”)...more
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
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
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
Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) - In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they...more
Seyfarth Synopsis: While employers usually don’t need to pay for travel time associated with an employee’s ordinary commute, federal and California law create exceptions that employers should know—particularly when company...more
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
Last year, a Wisconsin court of appeals held that it was unsettled under Wisconsin law whether employers may be required to pay employees for time spent driving between home and work in company vans if the vans are also...more
A California court recently issued a decision clarifying when certain commuting time does not constitute work time under state law....more
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
France’s labor code does not ordinarily consider an employee’s commute as effective working time. When the commute’s length surpasses the usual trip between one's home and the workplace, however, the employee must be...more
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
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
FDA Announces Intent Not to Enforce Portions of FSMA - The U.S. Food and Drug Administration (FDA) has announced it will not enforce certain provisions of the Food Safety Modernization Act (FSMA) because the agency needs...more