Do employers need to pay for worker commutes?

“The only thing that separates success from failure is one last attempt. Try one more time and you will get lucky.”
– Apoorve Duby

With return-to-office in full swing, the private sector continues to take cue from the public sector. President Joe Biden urged federal agencies to return to work, prompting conversations about what RTO looks like in practice.

 The pandemic’s imperative for many to work from home “shook up the workplace,” David Barron, an attorney at Cozen O’Connor, told HR Dive – and “wage and hour law is no exception.”

 On Aug. 22, the Office of Personnel Management issued guidance regarding whether the Fair Labor Standards requires that federal workers be compensated for their commute to work. The bottom line: it depends on whether a worker is categorized as a remote worker or a teleworker, and when the commute happens.

 But could hybrid workers be entitled to pay for that time as well?

 To continue reading, click the following link:

 Do employers need to pay for worker commutes? | HR Dive

 Source: Caroline Colvin, Reporter, HR Dive

If you are unsure whether you may need to pay a remote and/or hybrid worker for travel time (and mileage reimbursement) to your onsite location, be sure to consult counsel about your specific circumstances. The Labor Commissioner has yet to provide clear guidance on this issue, in light of how COVID-19 has impacted businesses.

 Please contact us if you have any questions about paying commute time for a remote/hybrid employee.

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