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
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
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
In deferring to the Washington Department of Labor and Industries’ (“Department”) interpretation of its own regulation, a Washington Court of Appeals ruled that employee’s’ out-of-town travel time—including travel time to and...more
Seyfarth Synopsis: The Washington Court of Appeals has clarified that all time employees spend on out-of-town travel for the benefit of their employers, including trips to and from an airport and all time spent flying, is...more
In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of...more
I always tell clients they must comply with both federal and state law, whatever State they are situate in, that complying with one is not a defense to not complying with the other, tougher, law. A sterling example of this...more
Figuring out when you have to pay employees for travel time can be tricky in any state. A Washington Court of Appeals just held that the rules for determining when travel time is compensable are significantly more employee...more
It is estimated that as many as 75% of Arizona contractors are not paying their employees overtime properly. If the U.S. Department of Labor ("DOL") conducts an audit, the results can be devastating to an employer. The...more
While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more
According to U.S. Department of Labor regulations issued under the Fair Labor Standards Act, if a non-exempt employee reports to work in the morning and then travels during the working day to another worksite, that travel...more