By: Petersen D. Walrod, Kevin M. Young, and Brett C. Bartlett
Seyfarth Synopsis: On July 22, 2026, the U.S. DOL’s Wage & Hour Division (WHD) published two opinion letters addressing when commute time must be paid. In FLSA 2026-9, WHD concludes that “ordinary” commuting time during the workday does not need to be paid. In FLSA 2026-10, WHD
Continue Reading Two Lane Highway: DOL Publishes Two “Dueling” Opinion Letters Regarding the Compensability of Commute TimeBy: Robert S. Whitman and Kyle D. Winnick
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will ordinarily not be liable under the FLSA when employees fail to follow a reasonable
Continue Reading Second Circuit Addresses Off-The-Clock WorkBy: Christina Jaremus and Noah Finkel
Seyfarth Synopsis: A federal district court held that “boot-up” and “shut-down” time in a call-center environment is de minimis and therefore not compensable.
It has been hornbook law since the early days of the FLSA that disregarding small increments of otherwise compensable time does not give rise to back overtime liability under the
Continue Reading It So Happens That The De Minimis Doctrine Is Only Mostly Dead: District Court Holds That Boot Up Time In Call Center Generally Is Non-Compensable