On Demand Webinar
Webinar Details $219
- Webinar Length: 90 Minutes
- Guest Speaker: Wendy Sellers
- Topic: Human Resources, Taxation and Accounting
- Credit: HRCI 1.5, SHRM 1.5, ATAHR 1.5
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Did you know that your time clock doesn't always stop ticking when you leave the office? Indeed, there are scenarios where the journey is part of the job. Get ready to rethink your understanding of working hours. Travel time is one of those “soft” hidden activities employers may not think of as being compensable. The truth, however, is that there are circumstances where travel time is compensable. In many instances, the key issue is whether an employee is engaged in travel as part of the employee’s principal activity and/or for the benefit and convenience of the employer.
Our Agenda packs a punch of information and analysis:
- "The Daily Odyssey": Explore Home-to-Work Commute Issues
- "The Long Haul": Examine the dynamics of Overnight Travel
- "On the Road with Company Wheels": Delve into the Use of Employer Vehicles
- "Clocking Miles": Understand Compensation Issues Related to Travel Time
- "Borrowed Time": Dive into Other Working Time Issues (time permitting)
- • "Power Hours": Learn about Meetings and Training Time
- "Always Ready": Discuss On-Call Time
- "Digital Chains": Confront E-mail/Blackberry Cases
This webinar offers a dive into the intricate legal web and pragmatic guidance, all from the perspective of the Fair Labor Standards Act (FLSA). Together, we'll unravel the nuanced issues of employee travel, regardless of whether it's by road or sky. It's high time we pulled back the curtain on this overlooked yet significant aspect of employment.
- Introduction
- About Your Speaker 00:00:20
- Disclaimer 00:01:34
- Fair Labor Standards Act 00:02:20
- When Is Working Time? 00:05:04
- Hours Worked 00:08:41
- Key Takeaway 00:10:10
- Portal to Portal Act 00:10:39
- Integrity Staffing Sols, Inc v. Buck (S.Ct. 2014) 00:11:59
- Employee Commuting Flexibility Act 00:12:16
- Bennett v. McDermott Int’l, Inc. (5th Cir. 2021) 00:13:19
- Portal to Portal and Waiting in Line, Etc. 00:15:10
- Integrity Staffing Sols., Inc. v. Busk (S.Ct. 2014) 00:15:47
- Chagoya v. City of Chicago (7th Cir. 2021) 00:16:51
- Llora v. Sheriff, Collier County (11th Cir. 2018) 00:19:02
- Graham v. City of Chicago (N.D. Ill. 1993) 00:20:19
- Vaccaro v. Amazon.com.dedc., Inc. (D.N.J. 2021) (Applying New Jersey Law ) 00:21:34
- Motor Carrier Act Exemption Review 00:23:17
- Applies to Employees of Motor Carriers and Motor Private Carriers 00:24:24
- Applies to Safety Sensitive Roles 00:25:21
- Small Vehicle Exception 00:27:30
- Motor Carrier Exemption: Drivers 00:28:34
- Drivers: Other Unique Issues 00:29:15
- Drivers: Other Unique Issues Cont. 00:31:25
- Motor Carrier Exemption: Driver’s Helpers 00:32:14
- Driver’s Helpers: Unique Issues 00:33:05
- Motor Carrier Exemption: Loaders 00:33:40
- Loaders: Unique Issues 00:34:13
- Motor Carrier Exemption: Mechanics 00:35:50
- Mechanics: Unique Issues 00:39:16
- Rest or Meal Periods 00:37:08
- Rest and Meal Periods Hot Spots 00:40:19
- Ruffin v. MotorCity Casino (2018) 00:42:56
- Darden v. SW Ark. Develop., Inc. (W.D. Ark. 2017) 00:44:34
- Breastfeeding Breaks 00:46:31
- Sleeping Time 00:48:26
- Medical Examinations 00:49:45
- Training and Meeting Time 00:50:31
- Micewicz v. City of Memphis (6th Cir. 2014) 00:52:11
- Haszard v. Am. Med. Response Northwest, Inc. (D.Or. 2001) 00:53:23
- Maynor v. Dow Chem. Co. (S.D.Tex. 2009) 00:54:44
- On Call Time 00:56:10
- Wage and Hour Opinion Letter 2018-1 00:57:55
- Bright v. Houston Northwest Med. Ctr. Survivor, Inc. (5th Cir. 1991) 01:00:19
- Bright Cont. 01:01:19
- Overnight Travel 01:02:20
- The Regulation 01:03:38
- Deckler v. Constr. Specialties of Zeeland (W.D. Mich. 2012) 01:04:30
- Mendez v. Radec Corp. (W.D.N.Y. 2005) 01:05:32
- Telecommuting 01:06:30
- Telecommuting and Travel 01:08:45
- DOL’s Opinion 01:10:23
- Off the Clock Work 01:10:53
- Allen v. City of Chicago (7th Cir. 2017) 01:12:55
- Little v. Senterra LLC (S.D. Tex. 2018) 01:14:30
- Donning and Doffing Principles 01:15:43
- Donning and Doffing Principles Cont. 01:16:20
- Perez v. City of New York (2nd Cir. 2016) 01:17:26
- Collective Bargaining Agreements 01:18:48
- Sandifer v. U.S. Steel (S.Ct. 2014) 01:12:03
- Employee Expenses 01:20:52
- Expense Reimbursement 01:21:40
- Expense Reimbursement – Phone Usage 01:22:44
- Questions? 01:24:14
Affordable Care Act: The Affordable Care Act, formally known as the Patient Protection and Affordable Care Act, and colloquially known as Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010.
Class Action: An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g). (C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.
De Minimis: Too trivial or minor to merit consideration.
Department of Labor (DOL): The United States Department of Labor is a cabinet-level department of the U.S. federal government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments.
Employee Commuting Flexibility Act (ECFA): The “Employee Commuting Flexibility Act” (Section 2102, Public Law 104-188) amended the Portal-to-Portal Act to allow employers and employees to agree to the use of employer-provided vehicles forcommuting to and from work, at the beginning and end of the workday, without the commuting time beingcounted as hours worked. In order for this commuting time not to be considered hours worked, the use ofthe employer’s vehicle must be within the normal commuting area for the employer’s business orestablishment and the use of the vehicle must be subject to an agreement between the employer and theemployee or employee’s representative.
Expense Reimbursement: Expense reimbursement is a method for paying employees back when they spend their own money on business-related expenses. These expenses generally occur when an employee is traveling for business but can occur in other work-related situations. (www.thebalancecareers.com)
Fair Labor Standards Act (FLSA): The Fair Labor Standards Act of 1938 29 U.S.C. § 203 is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits most employment of minors in "oppressive child labor".
Minimum Wage: The lowest wage paid or permitted to be paid specifically fixed by a legal authority or by contract as the least that may be paid either to employed persons generally or to a particular category of employed persons.
Motor Carrier Act Exemption: Employees whose job duties affect the safety of the operation of vehicles in the transportation of passengers or property in interstate commerce may be exempt from FLSA overtime laws under the Motor Carrier Act.
Overtime: Overtime is time and a half of what an employee earns for every hour worked over 40 in a workweek. The FLSA salary threshold is the minimum salary employers must pay employees for them to be exempt from overtime wages.
Portal-to-Portal Act: An amendment to the Fair Labor Standards Act (FLSA) clarifying that certain activities are generally not compensable working time under the FLSA. The Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities or traveling occurring before or after they perform the principal activities for which they are employed.
Wage: A fixed regular payment, typically paid on a daily or weekly basis, made by an employer to an employee, especially to a manual or unskilled worker.
