Pay Hourly Employee For Travel Time

DOL Issues Opinion Letter Regarding Payment of Travel Time

In one of two DOL Opinion Letters issued on April 12 2018 the DOL clarified an extremely frequent question employers have - when to pay a non-exempt hourly employee for travel time and gave me a great excuse to finally post a picture of a Jeep .In the first opinion letter the DOL addressed travel time for employees who work partial telework days. The Fair Labor Standards Act FLSA These opinion letters are issued based exclusively on the specific facts presented to the DOL by the requester. However these opinion letters may provideThe letter discusses two different scenarios. Both involve an employee with a one-hour commute to and from her office who normally works Monday through Friday from 8 00 a.m. to 4 30 Is the employee s one hour of travel time from home to the appointment and the appointment to the office compensable Opinion Letter FLSA 2020-16 Travel Time Compensation for Non-Exempt Foremen and Laborers On November 3 2020 the U.S. Department of Labor DOL issued Opinion Letter FLSA2020-16 regarding the compensability of travel time for hourly non-exempt construction foremen andThe U.S. Department of Labor s DOL Wage and Hour Division WHD recently issued two new opinion letters. Of particular interest is opinion letter FLSA2020-16 addressing compensability of employee travel time in certain situations involving construction sites located away from theThe DOL s opinion letters have always been a great resource for interpreting FLSA laws. In the letters the DOL answers actual questions about real business Now they re back and last week they issued three. One of those is relevant to us here and regards a topic we often write about Travel time.In an opinion letter issued on April 12 2018 the DOL s Wage and Hour Division outlined three permissible methods that Third you must always remain mindful of state travel time laws which may depending on the state require payment for certain travel time where the federal rules do not.The DOL only recently resumed issuing opinion letters on June 27 2017 after having abandoned the practice several years prior. FLSA2018-18 is a letter regarding the compensability of travel time for hourly technicians under the FLSA. FLSA2018-19 addresses whether an employee s medicallyDOL s New Opinion Letters Examine Rules on Voluntary Training Time Travel Time. On November 3 2020 the U.S. Department of Labor s Wage and Hour Division WHD issued new opinion letters addressing the compensability of time spent by employees attending voluntaryThe US Department of Labor DOL recently issued three new opinion letters the first in nearly a decade since the Obama administration abandoned the longstanding practice in 2010. The opinion letters address The compensability of certain travel time under the Fair Labor Standards Act FLSA

The travel time is normal commute time and the personal time is not primarily for the benefit of the employer and is long enough to effectively be spent If you have any questions about these Opinion Letters or any other wage and hour issue please consult the Jackson Lewis attorney s with whomThe U.S. DOL issued two opinion letters interpreting the federal Fair Labor Standards Act FLSA regarding the compensability of training and travel time. Although these opinions interpret federal law California law tends to follow federal law for compensating training and travel time.The Wage and Hour Division issues guidance primarily through Opinion Letters Ruling Letters Administrator Interpretations and Field Assistance Bulletins. Also from time to time we update our interpretations in response to new information such as court decisions and may withdraw a ruling orLast summer the U.S. Department of Labor DOL reinstated its practice of issuing opinion letters - official statements of Interested parties can seek explanations from the Wage and Hour Division of the DOL regarding what the FLSA Compensability of Travel Time for Non-Exempt Employees. In another Opinion Letter the DOL analyzed what type of lump sum payments to employees qualify asOn April 12 2018 the US Department of Labor s Wage Hour Division WHD issued an opinion letter FLSA2018-18 responding to an employer s request for guidance concerning its obligation to compensate employee travel-time under the Fair Labor Standards Act. The WHD begins the opinionLast week the Department of Labor issued a new opinion letter on travel time. The DOL reiterated that non-exempt employees must be compensated for travel time away from their home community when it cuts across the employee s normal working time - regardless of whether theIn another opinion the DOL addressed the issue of FMLA-protected employees who need fifteen-minute breaks every hour. With regard to the scenarios involving travel to and from work and in between job sites the DOL confirmed that time commuting between home and work even when theSeyfarth Synopsis The DOL issued an opinion letter approving a pay model where an employer in the home health field paid its employees at an hourly rate for time spent with patients without additional hourly pay for time spent by the employees traveling to and from patient homes.In the past the DOL would issue such letters in response to questions from covered entities usually private The DOL gives a nod of approval in this opinion letter. Specifically it explains that if an employee This and the preceding opinion letter remind employers how different forms of paymentDOL Opinion Letters are issued by the Wage and Hour Division of the DOL and offer insight into the DOL s interpretation of the Fair Labor Standards Act In a technical Opinion Letter FLSA2019-7 the DOL was tasked with addressing the calculation of overtime pay where nondiscretionary bonuses are

The DOL s opinion letter makes clear the agency s position that an employee like Escriba cannot refuse the application of the FMLA to an FMLA-qualifying For example in 2005 the DOL expressed an opinion regarding time employees of a nonprofit university spent volunteering in support of theOpinion Letter FLSA2018-18 addresses the compensability of travel time under the FLSA considering the case of hourly-paid employees with irregular work hours who travel in company-provided vehicles to different locations each day and are occasionally required to travel on SundaysTravel time in either scenario would not be compensable time under the Fair Labor Standards Act FLSA according to DOL because the employee in the scenarios is either off duty or engaged in normal commuting. The travel time also would not count as compensable worksite-to-worksite travelThe DOL has issued separate guidance documents for investment advice providers and retirement plan investors to help them understand and respond to new Prohibited Transaction Exemption PTE 2020-02. Adopted last December PTE 2020-02 allows financial institutions and investmentRecently the United States Department of Labor DOL issued several Opinion Letters that provide guidance on topics including reimbursing delivery drivers for business expenses as well as application of the fluctuating workweek method for calculating overtime for non-exempt employees.Opinion letters provide the DOL s official opinion on how labor and employment laws apply in specific situations. The DOL issues opinion letters after receiving an employer s request for an opinion. In these requests employers usually describe a specific situation and pose questions on how to complyThe DOL recently issued three new Wage and Hour opinion letters on its website giving employers additional guidance on compensation for travel time Back in January the DOL re-issued 17 opinion letters issued by the Bush administration nine years ago but which had been withdrawn during theSeyfarth Synopsis The DOL has reissued a long-awaited opinion letter withdrawing its previous 20 tip credit various duties restaurants have had a hard time rebutting such claims. Late last week however the DOL s Wage-Hour Division issued a long-awaited opinion letter intended to clear upAn opinion letter is an official written opinion by the WHD on how a particular law applies in specific circumstances presented by the individual As the Ninth Circuit Court has jurisdiction over Nevada please consult with a KZA attorney regarding this conflict before relying on the DOL s opinion letter.Opinion letters are issued by the USDOL as a response to a request by the public for an explanation of what the FLSA or FMLA requires in a fact-specific situation. Although opinion letters had been in practice for more than 70 years they were replaced by general guidance in 2010.