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. compensable. In a recent case, a class of employees whose job function was directing traffic
Travel Time
Travel Time Class Action Tries To Convert Home-To-Work Travel To Compensable Time
By Mark Tabakman on
Posted in Overtime Issues, Working Time
I have handled many travel time cases and can report, regretfully, that plaintiff-side lawyers are always seeking new and creative ways to make certain kinds of travel time compensable. A new case has been filed on this issue where oil and gas workers claim they are owed overtime for travel between company housing to their…
Working Time/Travel Time Case Thrown Out: No Integral Connection to Primary Duty
By Mark Tabakman on
I have defended many claims and lawsuits involving working time, especially travel time. Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours. These efforts often fail, as illustrated by a recent case where Chicago police officers sought pay for transporting and storing their guns and then retrieving…
FLSA Collective Action Travel Time Case Illustrates Nuances Of “Working Time” Conundrum
Working time claims/lawsuits take many forms and often arise out of seemingly unlikely circumstances. In a recent case, the Third Circuit ruled that temporary workers brought in to take over the jobs of locked out workers cannot receive pay under the FLSA for their time spent travelling to and crossing the picket line. The case…
Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers
By Mark Tabakman on
Posted in Overtime Issues, Working Time
I have defended many off-the-clock working time cases and I submit that they are very dangerous for employers. This is because they are particularly amenable to class certification because it is likely that there is a common policy applicable to the members of the class. This premise is highlighted by a recent settlement for a…
First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing
By Mark Tabakman on
At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of compensable break time as well as the kinds of lump-sum payments that could be garnished for child support.…
When Does Travel Become Compensable Work Hours?
By Mark Tabakman on
I blog a lot about working time cases because these are the issues can sneak up on an employer, even the most well intentioned and good faith employer. Travel time is one of these murky, arcane kind of activities that go unnoticed by companies until, often, a lawsuit is filed. Another example emerges. A group…
Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
By Mark Tabakman on
Posted in FLSA Retaliation, Working Time
Usually, when a party does not respond to discovery requests, it can face sanctions, including the dismissal of the case (if he/they are the plaintiff(s). Well, that truism took a hit the other day when a New Jersey federal judge did not dismiss the claims of two opt-in plaintiffs in a FLSA collective action against…
Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary
By Mark Tabakman on
Posted in Overtime Issues
Arbitrate or litigate? Like everything else in the law, it depends…
Whether a claim for overtime should be arbitrated rather than fought out in court depends on whether the claim necessitates examination and interpretation of the labor contract. Under well-established legal principles, workers have an independent right to sue in court, rather than arbitrate, but…
Travel Time Issues Under the FLSA: An Overview
By Mark Tabakman on
Posted in Working Time
When is travel time compensable? The focus is on whether an employee is engaged in travel as part of the employee’s principal activity or for the benefit of the employer.
The Basic Rules
• Basic Rule #1: Normal travel from home to work is not work time. This is true whether the employee works…