Brett Bartlett
Atlanta
As seen in:
Law360,
BiggerPockets,
JD Supra,
Lexology,
ABA Journal,
Mondaq,
Editor & Publisher,
Westlaw Today,
Seyfarth,
LexBlog
Business-practical legal advisor. 200+ wage-hour class/complex actions defended. FLSA Nerd. Trusted advisor. Peloton fanatic: @JettAtlanta
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Two Lane Highway: DOL Publishes Two “Dueling” Opinion Letters Regarding the Compensability of Commute Time
Seyfarth Synopsis: On July 22, 2026, the U.S. DOL’s Wage & Hour Division (WHD) published two opinion letters addressing when commute time must be paid. In FLSA 2026-9, WHD concludes that “ordinary” commuting time during the workday does not need to be paid. In FLSA 2026-10, WHD concludes that when an employee spends the “substantial majority” of an otherwise non-compensable commute making client calls, that time is compensable.
Two Lane Highway: DOL Publishes Two “Dueling” Opinion Letters Regarding The Compensability Of Commute Time
SS Seyfarth Shaw LLP More With more than 1,000 lawyers across 19 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity.
US Department Of Labor Publishes Three Pro-Employer, One (Somewhat) Pro-Worker, Opinion Letters
Seyfarth Shaw LLP are most popular: within Compliance topic(s) Seyfarth Synopsis: On May 28, 2026, the U.S. Department of Labor (DOL) published four new opinion letters, covering situations including: (1) whether an exempt worker may perform non-exempt work; (2) whether a bonus structured as a percent of total earnings needs to include an overtime “true up”; (3) whether time spent traversing an employer’s premises to eat off site is compensable; and (4) whether an employer’s timekeeping...
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