By Ariel Fenster and Kevin Young

Seyfarth Synopsis. In the final hours of 2020, the U.S. DOL’s Wage & Hour Division issued an opinion letter containing guidance on the compensability of time commuting to the office, or tending to personal matters, for employees primarily working from home. While fact-specific, the letter offers a glimpse into

Authored by Alex Passantino 

As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities.  The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.


Most employees who are exempt from

Authored by Jessica Schauer Lieberman

The Department of Labor surprised employers last week by weighing in on Integrity Staffing Solutions, Inc. v. Busk, which is currently pending before the Supreme Court, and supporting the employer’s position.  The administration’s amicus brief, filed last Wednesday, is good news for employers that require their workers to pass

Co-Authored by Rebecca Pratt Bromet and Ashley Choren Workman

From warehouses to retail establishments, airports to power plants, employees in countless industries spend time every day in pre- or post-shift security screenings.  For decades, it was well accepted that such time was not compensable under the FLSA.  In 2013, however, the Ninth Circuit took a

Authored by Jessica Schauer Lieberman

On Monday, the U.S. Supreme Court will hear argument in a case that will directly impact employers relying on § 203(o) of the FLSA – a provision that allows employers to exclude time spent by their employees “changing clothes . . . at the beginning or end of each workday”

Authored by Jessica Schauer Lieberman

Taking up a question the Supreme Court recently declined to consider, the Eighth Circuit on Friday addressed the types of activities that may start the compensable workday for purposes of the Fair Labor Standards Act.  Specifically, the court held [here] that time spent changing into and out