A new opinion letter from the U.S. Department of Labor’s (DOL) Wage and Hour Division explains that employees may use leave under the Family and Medical Leave Act (FMLA) not only to attend qualifying medical appointments, but also for the time spent traveling to and from those appointments. Notably, employers
Articles Discussing Hours Worked Under The FLSA.
DOL Issues Opinion Letter Regarding Compensability of Pre-Shift Activities Covered by a Collective Bargaining Agreement
DOL Issues Opinion Letter Regarding Compensability of Pre-Shift Activities Covered by a Collective Bargaining Agreement
On January 5, 2026, the U.S.
tgelbman@littler.com Thu, 01/08/2026 – 08:24
Booting Up Is Not Work: Federal Court Clarifies Pay Rules for Remote Employees
On September 4, 2025, the U.S. District Court for the Southern District of Ohio concluded that the workday starts when remote call center workers begin operating a program or application they use as part of the principal work activities they are employed to perform, not when they first engage their
Third Circuit Affirms Home Health Care Aides Must Be Paid for Travel Between Clients
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
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.