Not all commute time compensable under “continuous workday” rule

The U.S. District Court for the Western District of New York granted summary judgment in favor of Black & Decker regarding a claim that an employee should be compensated for all time spent commuting.  The district court found that the tasks the plaintiff performed at home were not “integral and indispensable” to principle job functions.  The 2nd Circuit affirmed the decision holding that even if the work performed at home was “integral and indispensable,” it did not mean that commute time should be compensable.  Lee Schreter provided tips for employers to avoid litigation relating to the commute time issue.

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