News & Analysis as of

Wage and Hour Traveling Employee

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Seeks to Broaden Compensable Travel Time Rules

In Walters v. Professional Labor Group, LLC, the U.S. Court of Appeals for the Seventh Circuit will decide whether employee travel time to and from remote jobsites that requires an overnight stay is compensable....more

Freeman Law

10 Commandments for Travel Time as Hours Worked (or Not)

Freeman Law on

The Fair Labor Standards Act (“FLSA”) is a statutory regime with teeth. Employers are wise to understand the ins and outs of the FLSA and how it demands that employers properly classify employees and compensable work time,...more

Hogan Lovells

Update on order criteria, handwritten signature and travel time for mobile workers.

Hogan Lovells on

Our Employment team briefly reviews three recent rulings relating to the application of the criteria for ordering economic layoffs, the conformity of scanned handwritten signatures, and the qualification of effective working...more

Fisher Phillips

Weekly Checklist: Do You Need a Policy on Workcations, Bleisure Travel, and Hush Trips?

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Fox Rothschild LLP

Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?

Fox Rothschild LLP on

I am very interested in travel time cases. There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel. In an interesting case, a possible...more

Hogan Lovells

Employment know how update

Hogan Lovells on

An update on recent developments in Dutch Employment law. As of 1 January 2023, employers could reimburse employees 21 cents per kilometre tax-free, instead of 19 cents. In 2024 this will even increase to 23 cents per...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Travel Time Pay

Epstein Becker & Green on

As COVID-19 restrictions have continued to loosen or be lifted altogether, employees have gradually resumed working in the office—and traveling away from it for work-related reasons. When it comes to travel time in the...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

Fisher Phillips on

For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Jackson Lewis P.C.

Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements

Jackson Lewis P.C. on

Absent class members in state-court class actions cannot pursue individual claims in federal court when the class has entered into a settlement releasing all such claims and a state court has entered final judgment approving...more

Fox Rothschild LLP

FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!

Fox Rothschild LLP on

I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas industry employees who are seeking pay for their travel...more

McAfee & Taft

Class action challenges company’s non-compensation of travel and meeting time

McAfee & Taft on

Whether to pay any travel time for employees under the Fair Labor Standards Act (FLSA) can be complicated. Employees who believe they should be compensated for that time often challenge non-payment. A dispute over travel time...more

Jackson Lewis P.C.

Washington Court of Appeals Expands Compensability of Out-of-Town Travel Time for Employees

Jackson Lewis P.C. on

Washington employers should rethink their policies on paying non-exempt employees for travel time based upon a recent appellate court ruling that travel time for out-of-town travel is considered compensable “hours worked” as...more

Polsinelli

Sending an Employee on a Business Trip? You’ll Have to Pay More for That in Washington State

Polsinelli on

In deferring to the Washington Department of Labor and Industries’ (“Department”) interpretation of its own regulation, a Washington Court of Appeals ruled that employee’s’ out-of-town travel time—including travel time to and...more

Seyfarth Shaw LLP

Time Spent on Out-of-Town Travel is "Hours Worked" and Compensable Says Washington Court of Appeals

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Washington Court of Appeals has clarified that all time employees spend on out-of-town travel for the benefit of their employers, including trips to and from an airport and all time spent flying, is...more

Perkins Coie

No More Free Flights: Employee Travel Time Is Now Compensable Under Washington Law

Perkins Coie on

In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of...more

Jackson Lewis P.C.

How Do You Define Workplace? Survey Report

Jackson Lewis P.C. on

The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400...more

BakerHostetler

Ninth Circuit Rejects Airline’s Constitutional Challenges to California’s Wage Statement Statute

BakerHostetler on

Virtually by definition, many transportation workers, and many employees of airlines and railroads in particular, regularly travel and work in many states. For the most part, that does not impede their work or their...more

BakerHostetler

Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages’ to Determine the Regular Rate

BakerHostetler on

In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while...more

Sherman & Howard L.L.C.

DOL Opinion Letter: Compensable Travel Time From A Virtual Office

The U.S. Department of Labor issued Opinion Letter FLSA2020-19, providing helpful guidance for employers dealing with the potential “new normal” of employees working from home, both now and post-pandemic. In so doing, they...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

Fox Rothschild LLP

The Impact Of Working Remotely And FLSA Compensable Travel Time: Another USDOL Opinion Letter Nugget

Fox Rothschild LLP on

Lately, there has been a lot of “action” from the USDOL on the thorny and misunderstood issue of travel time. The agency has just issued another Opinion Letter that addresses the issue of whether employers must pay workers...more

Dentons

The DOL Revisits Compensable Travel Time

Dentons on

In November, the DOL released a few opinion letters answering questions related to employee continuing education (reviewed in “Is Training Time Paid? DOL Reiterates Standard Position”) and ongoing questions involving employee...more

Fox Rothschild LLP

USDOL Issues Travel Time Opinion Letter For Construction Industry

Fox Rothschild LLP on

I have stated many times that I am pleased that the USDOL has taken again to issuing Opinion Letters which guide employers in complying with the Fair Labor Standards Act. I am particularly happy that the agency has issued an...more

Morgan Lewis

How the Change in US Administration May Affect the Sports Industry

Morgan Lewis on

President-elect Joseph Biden has indicated that he will make significant changes to the policies and practices of the prior administration that will impact the public and employers, including in the sports industry....more

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