Legal updates, new research, interesting ideas for students-- past and present-- of LER Prof. Michael H. LeRoy, University of Illinois at Urbana-Champaign. Welcome, also, to friends who are curious about employment and labor law.
Tuesday, September 15, 2015
Pay for Traveling to Work? Yes, In Europe; No, in U.S.
The European Union’s highest court has ruled that workers without a stationary office—for example, a home health care worker, or a service technician who travels in a van— must be paid when they leave home until they return from work. In the U.S., this is highly implausible. The main law that covers this situation is the Portal-to-Portal Act. It says that “compensable time” begins with “principal” work activities, and also includes preliminary and postliminary activities if they are “integrally related” to principal activities. Examples: Refueling a company vehicle at the firm’s garage; donning and doffing safety equipment to work on a “cut line” in a meat packing plant. Excluded: Going through an employer’s security screening line in the Supreme Court’s recent (and narrow) construction of the Portal-to-Portal Act. Read news about EU court here. Contrast with our Supreme Court's ruling in 2014 here, involving an Amazon fulfillment center.
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