The United States Supreme Court’s 2014 decision in Integrity Staffing clarified that, under the Portal-to-Portal Act, preliminary and postliminary tasks are not compensable even if potentially done for the employer’s benefit, provided they are not integral and indispensable to the job functions for which a person is hired. Applying this concept, a Maryland Federal Court
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District Court Rejects FDNY Employees’ Bid To Be Paid For Commuting Time
By Noel P. Tripp on
Posted in Hours of Work
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…
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. …
Lojack Revisited: Commuting Time Can Be (Surprise) Compensable Under California Law
By Noel P. Tripp on
Posted in Hours of Work
The Ninth Circuit recently revised and reissued its earlier opinion in Rutti v. Lojack Corp., No. 07-56599 (9th Cir. Mar. 2, 2010), holding upon further review that the Plaintiff’s commuting time is compensable under California law, while continuing to find that such time is not compensable under the FLSA. The Court did not change…