Does Home-to-Work Commute Time Become Compensable Under Continuous Workday Theory?

May 18, 2011Articles Lexology

In a May 9, 2011 posting in the Connecticut Employment Law Blog, Daniel Schwartz took a look at the recent decision of the Second Circuit in Kuebel v. Black & Decker. He notes that the Court held that home-to-work commute time does not become compensable time, merely because the employee has performed work-related tasks before commuting in the morning or when he returned to his house at night.

I applaud this decision because it represents another rejection of employee claims and theories in which the employee seeks to transform commute time into compensable time. Numerous courts have rejected such attempts in a number if scenarios.

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