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Report Link Toting Files While Commuting Does Not Require FLSA Pay: Court of Appeals.Jackson Lewis LLP - May 12, 2008 Someone was going to raise this issue eventually, we suppose: Under the federal wage-hour law, is an employee entitled to be paid for his commuting time to work simply because he carries work files in a briefcase during his trip? Now we have an answer: No. Under the Fair Labor Standards Act, commuting time is not compensable unless the employee is engaged in work for the employer's benefit at the employer's request, the U.S. Court of Appeals for the Second Circuit ruled in Singh v. City of New York. No. 06-2960-cv (Apr. 29, 2008). Furthermore, even where an employee's commuting time may be increased by an employer's policies, if that additional time is trivial, or de minimis, the employee is not entitled to additional compensation under the FLSA. Accordingly, the Second Circuit affirmed the District Court's grant of summary judgment for the employer under the FLSA. The Second Circuit has jurisdiction over Connecticut, New York, and Vermont. Report Link Home Healthcare Company Agrees To Pay Employees' Travel Time And Expenses.Fisher & Phillips, LLP - February 06, 2008 A Pennsylvania court recently gave preliminary approval to settlement of a wage and hour collective action lawsuit filed against a Pennsylvania home healthcare company by 3,000 its current and former home health workers. Thomas v. Total Home Health Care Corp. Report Link 29 CFR 785.39 - Travel away from home community.Department of Labor - (No Date) FLSA regulation on travel that keeps an employee away from home overnight. Report Link 29 CFR 785.38 - Travel that is all in the day's work.Department of Labor - (No Date) FLSA regulation on time spent by an employee in travel as part of his principal activity. Report Link 29 CFR 785.35 - Home to work; ordinary situation.Department of Labor - (No Date) FLSA regulation regarding employee travel from home before his regular workday and to home at the end of the workday. Report Link 29 CFR 785.36 - Home to work in emergency situations.Department of Labor - (No Date) FLSA regulation regarding instances when travel from home to work is overtime. Report Link 29 CFR 785.37 - Home to work on special one-day assignment in another city.Department of Labor - (No Date) FLSA regulation regarding the problem when an employee who regularly works at a fixed location in one city is given a special 1-day work assignment in another city. Report Link 29 CFR 785.40 - When private automobile is used in travel away from home community.Department of Labor - (No Date) FLSA regulation regarding use of private transportation to travel. Report Link 29 CFR 785.41 - Work performed while traveling.Department of Labor - (No Date) FLSA regulation regarding work which an employee is required to perform while traveling. Report Link 29 CFR 785.34 - Effect of section 4 of the Portal-to-Portal Act.Department of Labor - (No Date) FLSA regulation dealing with section 4(a) of the Portal Act, which provides that except as provided in
subsection (b) no employer shall be liable for the failure to pay the minimum wage or overtime compensation for time spent in ``walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities.''
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 2, 2008 Shaw Valenza LLPCalifornia Workplace Law Update 2008Los Angeles
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Costa Mesa
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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