News & Analysis as of

Employer Liability Issues Commuting

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

Seventh Circuit Says Employers May Need to Accommodate Transportation Issues Under ADA

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

K&L Gates LLP

When Does Travel or Commuting Time Count as "Hours Worked" Under Washington Law?

K&L Gates LLP on

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

McAfee & Taft

Are off-site injuries covered by workers’ comp in Oklahoma? It depends.

McAfee & Taft on

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

Pullman & Comley - Labor, Employment and...

Employees Splitting Working Time Between the Office and Home? The DOL Reminds Employers About the Rules on When Commute Time is...

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

Payne & Fears

Key California Employment Law Cases: June 2020

Payne & Fears on

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

Littler

FLSA Collective Action Limited by Lack of Personal Jurisdiction

Littler on

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

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

Wisconsin Supreme Court Holds Carrying “Necessary and Indispensable” Tools in a Company Van Does Not Make a Commute Compensable

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

Cranfill Sumner LLP

Exceptions When Traveling To And From Work

Cranfill Sumner LLP on

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

Parker Poe Adams & Bernstein LLP

ADA Does Not Require Allowing Employees to Avoid Traffic

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

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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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

Best Best & Krieger LLP

When Is An Employer Responsible For Accidents On Employees’ Commutes? - California Court Of Appeal Reverses $14 million Judgment...

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

Fisher Phillips

The Advent of FLSA Guidance

Fisher Phillips on

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

Pullman & Comley - Labor, Employment and...

When Going to Work is Work: McMorris v. New Haven and the Workers’ Compensation Act

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

Dorsey & Whitney LLP

QUIRKY QUESTION # 239, Employers Might Be Liable For Accidents During The Commute If They Require Employees To Use Their Vehicle...

Dorsey & Whitney LLP on

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

Franczek P.C.

When is a Commute Not a Commute? In a Company Car (Well, Maybe)!

Franczek P.C. on

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

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