Companies that employ nonexempt workers who travel between worksites in a single workday need to review their policies and procedures to ensure they are compliant with a recent decision from the Third Circuit Court of Appeals
Articles Discussing Hours Worked Under The FLSA.
Dear Littler: Do we need to compensate employees for travel time and other time spent incidental to work?
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. Others have asked to be compensated for time spent changing into uniforms,
Seventh Circuit: Travel Time During Normal Working Hours Is Compensable for Employees on Remote Assignment
Takeaways:The appeals court held that employees working away from home overnight are entitled to compensation for travel time that occurs during their regular working hours, and the travel time must also be counted toward overtime pay calculations.The decision is an important reminder that different FLSA rules apply to travel time compensation when overnight stays are required.Employers need to carefully consider the nature of their employees’ travel and work arrangements to ensure FLSA compliance.Related link:
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. On April 29, 2024, the U.S. Department of Labor (DOL) filed an amicus brief urging the
Why You Must Stop Rounding!
In this episode, Jen discusses the dangers of “time rounding.”
The 32-Hour Workweek: Hmmm…
In this episode, Jen discusses Bernie Sanders’ proposed 32-hour workweek bill.
Third Circuit Offers Guidance on When Donning and Doffing Safety Gear Is Compensable
A federal district court applied the wrong legal test when it held on summary judgment that oil rig workers were not entitled to compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and out of protective gear, holds the U.S. Court of Appeals for the Third Circuit. Tyger v. Precision Drilling Corp., No. 22-1613, 2023 U.S. App. LEXIS 21374 (Aug. 16, 2023).
The Often Overlooked Fluctuating Workweek Method of Computing Overtime
The U.S. Supreme Court recently ruled that a worker who earned more than $200,000 still had to be paid the overtime rate for hours worked over 40 in a workweek.
DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks
On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats longstanding principles regarding what constitutes hours worked under the Fair Labor Standards Act
Time Spent Traveling To and Taking Pre-Employment Drug Test Is Not Compensable
By: Time Spent Traveling To and Taking Pre-Employment Drug Test Is Not Compensable
Earlier this week, the 9th Circuit Court of Appeal held in Johnson v. WinCo Foods LLC, that time spent traveling to and taking a pre-employment drug test is not compensable where the drug test was a pre-condition of
DOL Issues Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations
The U.S. Department of Labor (DOL) has issued Fact Sheet #84 (available here) addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations under the Fair Labor Standards Act (FLSA). The Fact Sheet addresses how the OSHA Vaccination and Testing Emergency Temporary Standard (ETS) factors into the DOL’s analysis of whether such time is compensable under the FLSA. The U.S. Supreme Court has stayed the ETS from going into effect, determining that OSHA likely lacked the authority to impose the ETS.
UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations
The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations under the Fair Labor Standards Act (FLSA). Presumably, the DOL reconsidered its guidance following the U.S. Supreme Court’s decision to stay the OSHA Vaccination and Testing Emergency Temporary Standard (ETS). This action by the DOL reflects the shifting nature of positions taken by government agencies addressing COVID-19 issues and litigation developments.
Burned-Out Workers and Time-Off—Do Employment Laws Allow Flexibility?
As the United States gradually emerges from the pandemic, employers (and especially those in the tech sector whose workforces can easily work remotely) are looking for ways to help frazzled and burned-out employees. In addition, many employees are seeking opportunities to preserve the flexibility they gained during pandemic remote-work arrangements.
In-flight Meal Periods for Security Officers Were Not Compensable, Fifth Circuit Holds
A security company did not violate the Fair Labor Standards Act (FLSA) when, under its meal-period policy, it automatically deducted an hour of pay from its security officers on certain flights, the Fifth Circuit Court of Appeals has held. Dean v. Akal Security, Inc., 2021 U.S. App. LEXIS 18621 (5th
Commute Time Is Compensable Only When “Integral and Indispensable” to Employee’s Duties, Fifth Circuit Reaffirms
Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the employee’s job duties. Bennett v. McDermott Int’l, Inc., 2021 U.S. App. Lexis 10948 (5th Cir. Apr.