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Not All Commute Time Compensable Under 'Continuous Workday' Rule

8.2.11

Lawrence McGoldrick of the Atlanta office is quoted in the August issue of InsideCounsel in the article "Not All Commute Time Compensable Under 'Continuous Workday' Rule." The magazine reported on a 2nd Circuit decision that may have answered lingering questions about when the workday begins and ends for remote employees who commute to and from multiple worksites. The court ruled May 5 in Kuebel v. Black & Decker that because an employee works from home, not all time spent commuting is compensable under the "continuous workday" rule. Lawrence said that in-house legal counsel and HR managers struggle to deal with these types of Fair Labor Standards Act (FLSA) issues. "This is a particularly thorny issue because there's inconsistent case law out there."

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