News & Analysis as of

Wage and Hour Commuting

Littler

Dear Littler: Do We Need to Compensate Employees for Travel Time and Other Time Spent Incidental to Work?

Littler on

Dear Littler, We are a nursing services company with employees in various states, some of whom work remotely. Recently, some employees have been asking to be paid for time spent commuting to client sites or into our offices....more

Fox Rothschild LLP

Philadelphia Employers Must Offer Commuter Transit Benefits

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Philadelphia Mayor Jim Kenney signed into law an Ordinance that requires certain employers to offer a commuter transit benefit program to eligible employees. The Ordinance, entitled “Employee Commuter Transit Benefit...more

Parker Poe Adams & Bernstein LLP

Is Commuting Time Compensable for a Remote or Hybrid Employee?

​​​​​​​Across the United States, many employers have moved to a remote or flexible (often called hybrid) working schedule to attract and retain employees. Employers have also found that allowing employees to work remotely has...more

Seyfarth Shaw LLP

California Supreme Court Asked To Weigh In On “Hours Worked” Questions

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit Court of Appeals once again has asked the California Supreme Court for assistance in determining important questions of California law. Last week, the Ninth Circuit certified three...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

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

Fox Rothschild LLP

Commuting In Company Truck Does Not Make The Travel Time Compensable Under FLSA: Too Bad!

Fox Rothschild LLP on

I just posted on a travel time case the other day but I have a special fondness for these kinds of cases and enjoy watching the numerous, creative ways that plaintiffs try to convert ordinary travel into working hours, i.e....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

Davis Wright Tremaine LLP

Employees Using Personal Vehicles to Service Customer Locations May be Entitled to Pay for Travel Time to and From Home

A California court recently provided helpful guidance to assist employers to determine how to pay hourly employees who travel as part of their workday. Under California law, commuting time to and from work normally does not...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

Schwabe, Williamson & Wyatt PC

Oregon’s Pay Equity Law Should Allow Employers to Pay a Travel Incentive: Part 5 of 6

The 2019 legislature should clarify that employers may pay a travel stipend to attract workers to commute long distances. Eastern Oregon manufacturers were just hit by the Oregon legislature with a law that limits the number...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

Littler

Littler Global Guide - France - Q2 2018

Littler on

Supreme Court Rejects Integration of Commuting Time - Precedential Decision by Judiciary or Regulatory Agency - The French Supreme Court recently dismissed an itinerant worker’s request for overtime based on integrating...more

Fisher Phillips

The Advent of FLSA Guidance

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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

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

DOL Announces Two New Opinion Letters: Tackles Travel Time and Breaks

On April 12, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced three new wage and hour opinion letters. The DOL only recently resumed issuing opinion letters on June 27, 2017, after having...more

Seyfarth Shaw LLP

The Fast, the Furious, the Fundamentals: Travel Pay in California

Seyfarth Shaw LLP on

Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. Here are some guidelines to help ensure that employees get paid for all hours worked, including...more

Littler

California Legislative Update: Which Bills Made the Final Cut?

Littler on

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

Littler

California Legislative Update: It's Now Up To The Governor

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The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Pullman & Comley - Labor, Employment and...

Travel Time Is Paid Time, Sometimes

Employment typically requires an employee to commute from home to work, and home again at the end of the workday. Department of Labor regulations interpreting the Fair Labor Standards Act recognize that the typical morning...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

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

Employee Not Entitled To Compensation For Time Spent Commuting To And From Job Sites And Home In Company Vehicle While Carrying...

In a recent decision, the Connecticut Supreme Court found that a plumbing foreman was not entitled to compensation for the time he spent commuting to and from job sites and his home at the beginning and end of his workday,...more

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