News & Analysis as of

Traveling Employee

Are They Coming or Going? Employee Travel Can Trigger Workers’ Compensation Liability

As a general rule, an employee who is injured while commuting to or from work is not entitled to workers’ compensation benefits, as the injuries are not deemed to be “in the course and scope of employment” by virtue of the...more

Searches of Devices at the U.S. Border

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Although longstanding policy of U.S. Customs and Border Protection authorizes searches of electronic devices in the possession of travelers arriving in the United States, recent reports of such searches...more

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

by Fisher Phillips on

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

FAQs About Employee Travel Time — Is It Compensable?

There are few things more confusing to employers than the nitty-gritty rules of what is and is not compensable time for non-exempt employees under the Fair Labor Standards Act (FLSA). There are also few things more costly to...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

Appeals court rules overtime pay does not include per diem amount

by McAfee & Taft on

Recently, the Tenth Circuit Court of Appeals – the federal court of appeals that covers Oklahoma – ruled that employers do not have to include reimbursement payments for daily meals for traveling employees as part of the...more

Holiday Travel Tips for Foreign Nationals

As the holiday season is approaching, foreign national employees with international travel plans should ensure that they have all necessary immigration documents for reentry to the United States. As this may require attending...more

Employment Matters – UK - September 2016

Employees Working Abroad: Factors Supporting a Connection With Great Britain Giving Entitlement To Bring an Employment Tribunal Claim - As you will be aware, even if an employee does not work for a UK employer or is not...more

4 Trusted Traveler Programs That Save You Time (and Stress) at U.S. Airport Security

by Garvey Schubert Barer on

Because this is an “International” blog, we need to talk about one of the most important aspects of international business – travel. And as you know, we are in the thick of the travel season. So it only makes sense to...more

Zika Virus and the Workplace: What Employers Should Know

News that the Zika virus has reached the United States may be prompting employers to think more closely about employee safety and what steps should be taken to address disease prevention and management in the workplace....more

Your Employee, Worried About Zika, Has to Travel to Miami. Now What?

by Shipman & Goodwin LLP on

Your industry’s major conference is set for Miami Beach – the land of sun, beaches, and, now it seems, mosquitoes carrying the Zika virus. Your key sales employee — the one who was setting up your booth for the...more

On the Move and At Risk: Safeguards for Mitigating Mobile Device Vulnerabilities While Traveling Overseas

Employees use their smartphones as a key tool for accessing information during a work day – especially when outside the office and traveling on business. While smartphones, tablets, laptops and other devices may increase...more

Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

Carrie: I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in...more

Innocents Abroad: Benefit and Compensation Considerations

Carrie: Thank you again for all your help over the past few weeks as we address our concerns with employees going abroad. We previously talked about offer letters and employment agreements. I know you covered some of...more

Innocents Abroad: Privacy considerations for employees working abroad

Dear Ned, I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about...more

Innocents Abroad: Employment Agreements for Employees Working In High Risk Countries

Carrie: Thanks again for your guidance over the past several weeks. Now that we’ve tackled updating our offer letters for employees working abroad, I’d like to look at our employment agreements. What provisions should...more

New Rules Provide Relief from Canadian Withholding on Salary Paid to Cross-Border Employees

by Dickinson Wright on

Proposed amendments to the Income Tax Act (Canada) (ITA) will provide relief from Canadian payroll withholdings for many non-resident employers whose employees work in Canada on a temporary or short-term basis....more

Innocents Abroad: Emergency at the Border—Key Considerations

What an afternoon! When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you. Thank you for calling Winston Wild so...more

Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters – Part II

Ned: As promised, I am following up on my email from last week regarding some additional resources for employees working abroad. The offer/assignment letter is a great place to specifically outline additional resources...more

Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters

Although I’ve been writing offer and assignment letters for more than 15 years, I’m curious as to what are today’s best practices for preparing these documents as our company extends its global reach. Specifically, what are...more

Fourth Circuit Says Driving May Not Be Essential Job Function for Traveling Salesperson

Most employers would assume that a traveling salesperson who could no longer drive due to a medical condition cannot perform the essential functions of her job. The Americans with Disabilities Act only requires accommodations...more

Innocents Abroad: Business Traveler Troubles

At 4:50 p.m. today, one of our top software developers, Ben Bedraggled, stumbled into my office. He dropped his suitcase and computer bag on the floor and slumped into a chair looking like he had been on an airplane for...more

The Zika Virus: FAQs For Hospitality Employers

by Fisher Phillips on

The World Health Organization recently declared Zika a global public health emergency, only the fourth time the agency has declared the spread of a disease to be a health emergency of international concern. The following...more

The Zika Virus: Frequently Asked Questions for Employers

by Littler on

The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed.  Employers may wonder if they have obligations to protect or accommodate employees under...more

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

by McNees Wallace & Nurick LLC on

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

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