Fair Labor Standards Act: Kuebel v. Black & Decker Inc.

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Appellate Division, Fourth Department

Fair Labor Standards Act

Portal to Portal Act

Kuebel v. Black & Decker Inc.
10-2273-cv
Judges Parker, Livingston and Lynch

Background: The plaintiff sued on behalf of himself and others similarly situated asserting that the defendant owed the plaintiff compensation for (1) commuting time between home and work, and (2) overtime hours worked off-the-clock. The district court had granted summary judgment for the defendant.

Ruling: The Second Circuit affirmed in part the district court’s ruling on the commuting claims as normal travel from home to work is not compensable, the plaintiff’s de minimis administrative tasks performed at home notwithstanding. However, the Second Circuit vacated the district court’s second ruling and remanded on the grounds that it is the employer’s duty under the Fair Labor Standards Act to keep accurate records of an employee’s compensable hours and this duty is non-delegable. As the plaintiff had demonstrated that the defendants knew or should have known he was working overtime, the plaintiff had raised an issue of fact to survive summary judgment.

J. Nelson Thomas of Thomas & Solomon LLP for the plaintiff-appellant; Amanda C. Sommerfeld of Winston & Strawn LLP for the defendant-appellee