In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
Under the Washington Minimum Wage Act (MWA), employers are required to pay employees for all “hours worked.” Unfortunately, whether activities count as hours worked is not a simple concept, especially when it comes to...more
Over the years there has been a steady stream of cases involving employees who have filed workers’ compensation claims after being injured away from the employer’s premises. Sometimes it was difficult to determine whether the...more
One of the consequences of the pandemic has been the increased prevalence of remote work or telework. As more and more people are vaccinated and life returns to something like pre-pandemic normalcy, it is not clear to what...more
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more
In a significant victory for employers and the principles of due process, the District of Minnesota recently joined several other federal courts around the country in holding that only workers with a connection to the forum...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
Analyzing the Coming and Going Rule and Its Exceptions - In Wright v. Alltech Wiring & Controls, the Court of Appeals reviewed the Contractual Duty exception to the Coming and Going Rule. The employee had duties which...more
In recent years, federal courts have increasingly been called upon to decide whether employers must provide accommodations relating to disabled employees’ commutes to and from work. The EEOC and some federal courts have...more
In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more
An employer is liable for an accident on an employee’s commute to and from work only if the vehicle was required for work on the day of the employee’s accident, a California appellate court has ruled. ...more
It has been a busy month for the U.S. Department of Labor (USDOL) with respect to, among other things, the federal Fair Labor Standards Act (FLSA). From enforcement programs to compliance resources, the agency has stepped up...more
Generally speaking, our workers’ compensation laws provide certain benefits for injuries arising out of or in the course of employment. Certain employees (police officers and firefighters) are referred to as “portal to...more
Question: Our office manager occasionally runs errands during the day such as delivering something to a customer or picking up lunch for a meeting. We reimburse her at the IRS rate for mileage. Yesterday, on her way...more
In my last post, I outlined the “normal” commuting case after Congress passed the Employee Commuting Flexibility Act (ECFA). The ECFA clarified the applicability of the Portal-to-Portal Act to the payment of wages to...more