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Wednesday, August 03, 2011

Portal to portal pay


Portal to portal pay
Manners v State of New York, 285 A.D.2d 858, [Appeal dismissed, 97 N.Y.2d 637]

Charles W. Manners, Jr., a State Officer of General Services [OGS] construction superintendent asked the Court of Claims to direct OGS to pay him overtime compensation pursuant to the Fair Labor Standards Act (29 USC 201). Manners contended that OGS, by “requiring” him to use a State vehicle to commute to and from his assigned workstation, is obligated to pay him overtime for his commuting time.

The Court of Claims dismissed his claim [183 Misc 2d 382]. The Appellate Division, Third Department agreed, holding that although “the Fair Labor Standards Act [FLSA] requires employers to pay employees for all work performed, under the Portal-to-Portal Act (29 USC 251), time spent by an employee commuting to and from work, even in an employer-provided vehicle, is not compensable”

The court noted that there was no dispute that Manners was not engaged in any work-related activity while commuting to and from his assigned work station and thus the Court of Claims properly determined that this travel time was not compensable.

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