Wouldn’t it seem odd to incur expenses for traveling to a remote deposition? After all, one of the most compelling benefits of a remote deposition is the elimination of costs associated with traveling to and from a physical...more
On October 6, 2025, the U.S. Supreme Court (SCOTUS) denied certiorari for Department of Labor v. Nursing Home Care Management Inc.—an opinion by the U.S. Court of Appeals for the Third Circuit holding that the Fair Labor...more
On October 7, 2025, the U.S. Supreme Court declined to hear an appeal in a case challenging whether home health aides must be paid for time spent traveling between clients’ homes. ...more
Summer is over, kids are back in school, and parents (your hourly employees) are available again for more travel work. They may travel to meetings, job sites, and other locations regularly, occasionally, or once in a blue...more
Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act....more
For most non-exempt employees, the Fair Labor Standards Act considers time spent traveling during the working day to be compensable working time. Last week, the Third Circuit Court of Appeals applied this principle to travel...more
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
Travel time cases that center around what is/is not home-to-work travel can be very tricky and nuanced. This is especially so when employees have to first meet at a staging point or meeting place and then be transported to...more
California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
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
Notre équipe sociale revient brièvement sur trois arrêts récents relatifs à l'application des critères d'ordre des licenciements, à la conformité de la signature manuscrite scannée, et à la qualification de temps de travail...more
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more
On July 13, 2022, Maryland’s Court of Appeals, the state’s highest court, held that state wage law claims for certain travel pay survive summary judgment despite the fact that such payments are not required under the federal...more
Employers based outside of California can suffer knockout blows if they enter the ring as employers in California and operate under the mistaken assumption that adherence to the Fair Labor Standards Act (“FLSA”) is the same...more
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A court has ruled that waiting time, at the jobsite, and...more
In a decision on July 13, 2022, Maryland’s highest court held that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland wage laws or regulations. As a result, “what constitutes ‘work’ under...more
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
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
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards...more
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
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
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
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
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