Employer wins commute dispute

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in Compensation and Benefits,Human Resources

Employees must be paid for their pre-shift or post-shift activities, if those activities are integral and indispensable to the performance of their principal jobs. That can stretch a workday and possibly require you to pay for employees’ commuting time.

But not all pre-shift or post-shift work is the same. Employees who have flexibility to decide when to perform those tasks don’t have to be paid, a federal appeals court has ruled. (Kuebel v. Black & Decker, Inc., No. 10-2273-cv, 2nd Cir., 2011)

The long and winding road

A field employee was assigned to particular stores in a specified territory. He didn’t report to any central office. His commuting time ranged from 20 minutes to three hours, but, under company policy, he was paid after the first 60 minutes of any commute.

He was required to perform a variety of tasks at home, including uploading data to the company’s server from a company-issued hand-held device, reading and...(register to read more)

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