Compliance Stuff

Your employee, Thelma, has requested FMLA leave to take her mom, Louise, to regular doctor appointments. Though the appointment itself will take one hour, Thelma wants to schedule it in the middle of the workday and for a total of five hours. The travel, she says, takes “quite a bit of time . . . and it’s none of your business.” Beginning 2026 a little salty, we see? Naturally, you’re frustrated, since you sense that Thelma purposefully encouraged that appointment for midday, and in any event, there’s no way this doc is two hours each way! The medical appointment itself clearly is covered by FMLA. But is  travel time  associated with the medical appointment covered as well? In an  opinion letter issued this week , the Department of Labor answered the question: . . . when an eligible employee travels to or from a health care provider for a medical appointment regarding the employee’s [or family member’s] serious health condition, he or she may take FMLA leave not only for ...

A new federal appeals court decision just delivered welcome clarity for staffing companies that provide optional benefits and deduct the expense from employees’ wages. The December 5 ruling from the 11th Circuit Court of Appeals held that a staffing agency can deduct the cost of optional job-site transportation and does not have to pay workers for travel, waiting time, or tool-pickup tasks, so long as those activities aren’t part of the employee’s core work . It’s a solid win for staffing agencies in Florida, Georgia, and Alabama, but industry leaders across the country can also benefit from the lessons this case teaches. Here are seven key takeaways staffing companies can take from the  Villarino v. Pacesetter Personnel Service  decision, along with a list of specific action items you can put into place. What Happened? The dispute began when a group of day laborers sued Florida-based Pacesetter Personnel Service, arguing that the company’s long-standing transportation system ...

  Takeaways: The appeals court held that employees working away from home overnight are entitled to compensation for travel time that occurs during their regular working hours, and the travel time must also be counted toward overtime pay calculations. The decision is an important reminder that different FLSA rules apply to travel time compensation when overnight stays are required. Employers need to carefully consider the nature of their employees’ travel and work arrangements to ensure FLSA compliance. Related link:  Walters v. Professional Labor Group, LLC  Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel occurs during their regular working hours , the U.S. Court of Appeals for the Seventh Circuit has ruled.  Walters v. Professional Labor Group, LLC ,  No. 23-3346 (Oct. 30, 2024). Their tra...