The City of New York’s compensation practices received an endorsement last week from Southern District of New York Judge Loretta A. Preska, who ruled that employees of the FDNY’s Building Maintenance Division (“BMD”) could not recover under the FLSA for time spent commuting or time spent inspecting their vehicles. Colella v. City of New York
commute time
Circuit Court Affirms Final Leg of Commute on Company Bus Is Not Compensable
By Noel P. Tripp on
Posted in Hours of Work
While it is well established that standard commuting time from home to work (and back home again) is non-compensable, there is limited guidance as to application of this preliminary, non-compensable “commuting” window to the travel time associated with varying employment circumstances. Providing some clarity to employers within the Fifth Circuit (Texas, Louisiana and Mississippi), the…
Federal Judge Rejects Installers’ Claim for Overtime Pay Based on Time Spent Commuting Home In Company Vehicles
By Noel P. Tripp on
Posted in Hours of Work
Employees who work at multiple work sites, such as cable installers and repair technicians, and often allege that their work requires them to perform certain tasks rendering what would otherwise be a non-compensable commute, compensable time. Judge Robert C. Chambers of the Southern District of West Virginia recently rejected one such attempt. Davis v. …
Second Circuit Reinforces Non-Compensability of Commuting Time
By Noel P. Tripp on
Posted in Hours of Work
As previously discussed, a federal court in the Western District of New York issued several important rulings in an FLSA case brought by a retail specialist responsible for the stocking, pricing and display of Black & Decker products at six Home Depot stores. In an omnibus decision reviewing all of these district rulings, the Second…