I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A court has ruled that waiting time, at the jobsite, and traveling to and from a site might be compensable under certain (relaxed) circumstances. The case is entitled Amaya v. DGS Construction, LLC and issued from the Supreme Court of Maryland.
The workers sued for waiting time and travel time before and after working at a construction site. The workers had to report to an off-site location, park their persona cars and then take Company provided shuttle vans to the construction site. They would then go through a security screening, secure their tools, get orders from their supervisor, and then commence work. At the close of their shifts, they would reverse the process. They were paid, however, only for the time spent actually working at the job site.
The Company followed the Portal-to-Portal Act (“PPA”), which sets out the premise that traveling to work is a preliminary activity that is not compensable. The plaintiffs here asserted that the federal law did not apply to claims made under the Maryland Wage and Hour Law and Maryland Wage Payment and Collection Law. The Court agreed, finding that the PPA had not been adopted by the State of Maryland. Thus, the Court relied on a scrutiny of Maryland state law, as opposed to federal law. Under that state law, the workers could be entitled to compensation for time...
PHOTO: REUTERS China denies New Zealand's spy allegations, calling them false and based on Cold War thinking. The New Zealand Security Intelligence Service report claims China is the only country...