On Nov. 3, 2020, the U.S. Department of Labor (DOL) published two new opinion letters providing the DOL’s official position on how the Fair Labor Standards Act (FLSA) applies to employee pay when there is work-related travel or employee training.
Voluntary Training Programs – The FLSA requires employers to compensate their employees for all hours of work. While the FLSA does not define what qualifies as “work,” the U.S. Supreme Court has determined that employees should be compensated for any time that “is spent predominantly for the employer’s benefit.” One of the new DOL opinion letters, FLSA2020-15, addresses six different scenarios that exemplify how DOL regulations apply in situations where employees participate in voluntary training that is related to their work, both within and outside working hours.
Travel Time for Non-exempt Employees – The FLSA requires employers to compensate their employees for any time they are “suffered or permitted to work.” Compensable time may include time spent walking, riding or traveling if it is related to the employee’s principal activities. However, an employee’s commute to and from work is not typically compensable. FLSA2020-16 addresses three different scenarios where employees are required to travel to complete their work assignments. For each scenario, the opinion letter outlines the process the DOL uses to determine whether travel:
Many employees were asked to sign waivers promising their employers that they would not travel or attend mass gatherings this Thanksgiving season. As we head into another round of holidays, it is expected that even more employers will ask employees to refrain from traveling or gathering with their families. But do employers have this right, and to what extent can companies enforce these COVID-19 policies?
With the COVID-19 pandemic, many people were forced to cancel their vacations, weddings, cruises, and other planned leisure activities. As a result, workers across the country have collected many days’ worth (or even weeks’ worth) of paid time off, which will need to be used by year’s end or could be potentially lost forever.
Qantas Airlines made global news this week when their CEO said they would require international travelers to be vaccinated for COVID-19.
