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Defending Travel-Time Claims: The DOL Letters That Become a Complete Defense

Travel-time claims are multiplying just as the DOL’s July 2026 opinion letters redraw what counts as compensable. Audit commute policies under the new safe harbor, document a Section 10 good-faith defense, and oppose collective certification circuit by circuit.

2026-09-22 14:30:00

Program Details

2026-09-22 14:30:00

Program Details

2026-09-22 14:30:00

Over 1,000+ webinars

2026-09-22 14:30:00

Course Overview

The commute your client never paid for is now either a complete defense — or a nationwide collective.

2026-09-22 14:30:00

In July 2026, the DOL issued companion opinion letters FLSA2026-9 and FLSA2026-10, formally recognizing a ‘third category’ of noncompensable commute time. The letters draw a bright line between incidental pre-commute tasks and integral activities that launch the workday. Meanwhile, certification standards in travel-time collectives are fracturing across the Fifth, Sixth, Seventh, and Ninth Circuits after Swales, Clark, Richards, and Harrington.

The stakes are already concrete. Let app logins, GPS activation, or dispatch check-ins start the clock, and an ordinary commute becomes compensable travel time. Rely on a federal-only compliance strategy, and state-law requirements — particularly California’s — can defeat it. Leave reliance on the letters undocumented, and the Section 10 defense never materializes. Fail to challenge out-of-state opt-ins under Bristol-Myers, and a nationwide collective proceeds as one action.

Attendees leave with practitioner work product, not a doctrine walk-through. Session one delivers a five-step audit of commute and travel-time policies for hybrid, split-shift, field-service, and multi-site arrangements. It also builds a documented good-faith defense under Section 10 of the Portal-to-Portal Act. Session two supplies a certification-opposition framework structured around individualized travel-time variations. It closes with deploying FLSA2026-9, FLSA2026-10, and FAB 2025-3 as shields to liquidated damages.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Opinion Letters Decoded
What DOL Opinion Letters FLSA2026-9 and FLSA2026-10 say, and how the new ‘third category’ of noncompensable commute time separates incidental tasks from integral activities that launch the workday.
02
Good-Faith Defense
Building the evidentiary record of documented reliance on the DOL opinion letters that invokes the good-faith defense under Section 10 of the Portal-to-Portal Act.
03
Five-Step Policy Audit
Auditing commute and travel-time policies across hybrid, split-shift, field-service, and multi-site arrangements — including pre-commute tasks, technology traps, and the state-law overlay.
04
Certification Opposition
Navigating the circuit-by-circuit certification standards after Swales, Clark, and Richards, and structuring opposition arguments around individualized travel-time variations.
05
Jurisdictional Limits
Using Bristol-Myers personal-jurisdiction arguments to challenge out-of-state opt-in plaintiffs and reduce a nationwide collective to a single-state action.
06
Damages Shields
Deploying substantive Portal-to-Portal Act defenses and DOL Opinion Letters FLSA2026-9, FLSA2026-10, and FAB 2025-3 to limit or eliminate liquidated-damages exposure.

Program schedule

clock 2:30 pm - 3:30 pm EST

Auditing Commute and Travel-Time Policies to Capture the New Safe Harbor

This session examines the DOL’s July 2026 companion opinion letters FLSA2026-9 and FLSA2026-10, which formally recognize a ‘third category’ of noncompensable commute time and draw a bright line between incidental and integral pre-commute tasks. Attorneys will learn how to conduct a five-step audit of commute and travel-time policies—covering hybrid, split-shift, field-service, and multi-site arrangements—to align with the new DOL framework and establish a documented good-faith defense under Section 10 of the Portal-to-Portal Act. Attendees will leave equipped to identify technology traps, apply the incidental/integral distinction, and overlay state-law requirements that can defeat a federal-only compliance strategy.

Christian AntkowiakChristian Antkowiak
Christopher M CascinoChristopher M Cascino
clock 3:40 pm - 4:40 pm EST

Defending the Travel-Time Collective: Certification Opposition and Exposure Control

This session equips defense-side employment attorneys with substantive and procedural tools to oppose FLSA collective action certification in travel-time cases, challenge personal jurisdiction over out-of-state opt-in plaintiffs, and deploy DOL opinion letters and recent circuit decisions to limit or eliminate liquidated-damages exposure. Attorneys will leave with a working command of the diverging certification standards across the Fifth, Sixth, Seventh, and Ninth Circuits following Swales, Clark, Richards, and Harrington, and a framework for structuring certification opposition arguments around individualized travel-time variations. The session also covers how to use DOL Opinion Letters FLSA2026-9 and FLSA2026-10 and FAB 2025-3 as substantive shields to liquidate damages at both the pre-litigation and litigation stages.

Christian AntkowiakChristian Antkowiak
Christopher M CascinoChristopher M Cascino
Christian Antkowiak

Christian Antkowiak

Buchanan Ingersoll & Rooney PC

Christopher M Cascino

Christopher M Cascino

Buchanan Ingersoll & Rooney PC

Christian Antkowiak

Christian Antkowiak

Buchanan Ingersoll & Rooney PC

Christian Antkowiak is a Shareholder at Buchanan Ingersoll & Rooney PC in Pittsburgh and Co-Chair of the firm’s Labor, Employment, Benefits & Immigration (LEBI) section, a group of more than 75 practice-specific lawyers nationwide recognized among the largest and most respected within full-service law firms. He defends employers in class and collective actions — including Title III public accommodation and wage and hour claims — and in discrimination, harassment, and retaliation matters, and represents clients in agency enforcement actions before OSHA, the NLRB, and the DOL. He also counsels employers on restrictive covenants and trade secret protection, employment agreements and compensation, workplace policies, ADA and FMLA leave, pay practice audits, and traditional labor relations, including collective bargaining negotiations.

Education & Credentials

Mr. Antkowiak earned his J.D., summa cum laude, from Duquesne University School of Law (2008), an M.A. in Political Science from the University of Pittsburgh (2004), an M.S. in Politics from Oxford University (2002), and a B.S., magna cum laude, in Political Science and Philosophy from Allegheny College (2001). He is admitted in Pennsylvania; before the U.S. Courts of Appeals for the Third, Fourth, Tenth, and Eleventh Circuits; and before U.S. District Courts in Pennsylvania (Eastern, Western, and Middle Districts), Ohio, Michigan, Tennessee, Texas (Southern and Western Districts), Indiana, Missouri, Wisconsin, Oklahoma, Colorado, and Washington.

Recognition & Leadership

Mr. Antkowiak has been selected annually to The Best Lawyers in America® since 2020 in Employment Law – Management, Litigation – Labor and Employment, Mass Tort Litigation/Class Actions – Defense, and Labor Law – Management, and was named the 2024 “Lawyer of the Year” for Employment Law – Management in Pittsburgh — a distinction held by less than 0.4% of practicing lawyers. In addition to co-chairing Buchanan’s LEBI section, he serves as Co-Chair of the Employment Law Practice Group of Legalink, an international legal network, and sits on the Board of Directors of the Pittsburgh Human Resources Association.

Professional Involvement

Mr. Antkowiak serves on the American Bar Association’s Federal Labor Standards Legislation Committee, the U.S. Chamber of Commerce’s Labor Relations Policy Committee (Wage, Hour and Leave Subcommittee), and the Allegheny County Bar Association’s Sports Law Committee. He is a contributing author to the American Bar Association’s Fair Labor Standards Act treatise, a frequent speaker at national employment law conferences, and is regularly quoted in the popular press and business publications on labor and employment law trends.

Experience

Mr. Antkowiak’s practice spans the full range of management-side labor and employment work, from defending class and collective actions and agency enforcement matters to negotiating collective bargaining agreements. His experience includes involvement in the first representation case processed under the NLRB’s “quickie election” rules in Region 16.
Christopher M Cascino

Christopher M Cascino

Buchanan Ingersoll & Rooney PC

Christopher M. Cascino is a Shareholder in Buchanan Ingersoll & Rooney PC’s Tampa Bay office with over 15 years of experience representing clients in labor and employment matters. Board Certified in Labor & Employment Law by the Florida Board of Legal Specialization — one of fewer than 200 Florida board-certified labor and employment attorneys — he pairs his legal acumen with a close understanding of each client’s business environment to guide organizations toward strategic outcomes. His practice focuses on workplace class actions, Fair Labor Standards Act (FLSA) collective actions, and California Private Attorneys General Act litigation, and he counsels employers on wage and hour compliance, terminations and disciplinary actions, workforce reductions, leave and time-off policies, discrimination claims under Title VII, Title IX, the ADA, and age discrimination laws, and California Labor Code compliance.

Education & Credentials

Mr. Cascino earned his J.D. from Harvard Law School (2008) and his B.A., summa cum laude, from the University of Notre Dame (2005). He is admitted in California, Florida, and Illinois, and before U.S. District Courts in Florida (Middle, Northern, and Southern Districts), Illinois (Northern and Southern Districts), Michigan, Tennessee, and Texas.

Recognition & Leadership

Mr. Cascino is Board Certified in Labor & Employment Law by the Florida Board of Legal Specialization, a nationally recognized credential held by fewer than 200 Florida attorneys in the field.

Professional Involvement

Chris Cascino is a frequent speaker on labor and employment law matters, having presented for the Illinois State Bar Association, Suncoast HR, and Lorman Education Services on topics including employment law, FLSA collective actions, wage and hour laws, FMLA, and ADA compliance. He is also a contributing author to the Florida Small Business Practice and has published in the Florida Bar Journal on recent developments in FLSA collective action certification.

Experience

Mr. Cascino’s results include successfully defending a collective action misclassification claim, securing summary judgment in race discrimination cases, managing three California putative class actions to resolution through individual settlements, defending nationwide collective actions, and securing an arbitration victory in a retaliatory discharge claim.
Christian Antkowiak

Christian Antkowiak

Buchanan Ingersoll & Rooney PC

Christian Antkowiak is a Shareholder at Buchanan Ingersoll & Rooney PC in Pittsburgh and Co-Chair of the firm’s Labor, Employment, Benefits & Immigration (LEBI) section, a group of more than 75 practice-specific lawyers nationwide recognized among the largest and most respected within full-service law firms. He defends employers in class and collective actions — including Title III public accommodation and wage and hour claims — and in discrimination, harassment, and retaliation matters, and represents clients in agency enforcement actions before OSHA, the NLRB, and the DOL. He also counsels employers on restrictive covenants and trade secret protection, employment agreements and compensation, workplace policies, ADA and FMLA leave, pay practice audits, and traditional labor relations, including collective bargaining negotiations.

Education & Credentials

Mr. Antkowiak earned his J.D., summa cum laude, from Duquesne University School of Law (2008), an M.A. in Political Science from the University of Pittsburgh (2004), an M.S. in Politics from Oxford University (2002), and a B.S., magna cum laude, in Political Science and Philosophy from Allegheny College (2001). He is admitted in Pennsylvania; before the U.S. Courts of Appeals for the Third, Fourth, Tenth, and Eleventh Circuits; and before U.S. District Courts in Pennsylvania (Eastern, Western, and Middle Districts), Ohio, Michigan, Tennessee, Texas (Southern and Western Districts), Indiana, Missouri, Wisconsin, Oklahoma, Colorado, and Washington.

Recognition & Leadership

Mr. Antkowiak has been selected annually to The Best Lawyers in America® since 2020 in Employment Law – Management, Litigation – Labor and Employment, Mass Tort Litigation/Class Actions – Defense, and Labor Law – Management, and was named the 2024 “Lawyer of the Year” for Employment Law – Management in Pittsburgh — a distinction held by less than 0.4% of practicing lawyers. In addition to co-chairing Buchanan’s LEBI section, he serves as Co-Chair of the Employment Law Practice Group of Legalink, an international legal network, and sits on the Board of Directors of the Pittsburgh Human Resources Association.

Professional Involvement

Mr. Antkowiak serves on the American Bar Association’s Federal Labor Standards Legislation Committee, the U.S. Chamber of Commerce’s Labor Relations Policy Committee (Wage, Hour and Leave Subcommittee), and the Allegheny County Bar Association’s Sports Law Committee. He is a contributing author to the American Bar Association’s Fair Labor Standards Act treatise, a frequent speaker at national employment law conferences, and is regularly quoted in the popular press and business publications on labor and employment law trends.

Experience

Mr. Antkowiak’s practice spans the full range of management-side labor and employment work, from defending class and collective actions and agency enforcement matters to negotiating collective bargaining agreements. His experience includes involvement in the first representation case processed under the NLRB’s “quickie election” rules in Region 16.
Christopher M Cascino

Christopher M Cascino

Buchanan Ingersoll & Rooney PC

Christopher M. Cascino is a Shareholder in Buchanan Ingersoll & Rooney PC’s Tampa Bay office with over 15 years of experience representing clients in labor and employment matters. Board Certified in Labor & Employment Law by the Florida Board of Legal Specialization — one of fewer than 200 Florida board-certified labor and employment attorneys — he pairs his legal acumen with a close understanding of each client’s business environment to guide organizations toward strategic outcomes. His practice focuses on workplace class actions, Fair Labor Standards Act (FLSA) collective actions, and California Private Attorneys General Act litigation, and he counsels employers on wage and hour compliance, terminations and disciplinary actions, workforce reductions, leave and time-off policies, discrimination claims under Title VII, Title IX, the ADA, and age discrimination laws, and California Labor Code compliance.

Education & Credentials

Mr. Cascino earned his J.D. from Harvard Law School (2008) and his B.A., summa cum laude, from the University of Notre Dame (2005). He is admitted in California, Florida, and Illinois, and before U.S. District Courts in Florida (Middle, Northern, and Southern Districts), Illinois (Northern and Southern Districts), Michigan, Tennessee, and Texas.

Recognition & Leadership

Mr. Cascino is Board Certified in Labor & Employment Law by the Florida Board of Legal Specialization, a nationally recognized credential held by fewer than 200 Florida attorneys in the field.

Professional Involvement

Chris Cascino is a frequent speaker on labor and employment law matters, having presented for the Illinois State Bar Association, Suncoast HR, and Lorman Education Services on topics including employment law, FLSA collective actions, wage and hour laws, FMLA, and ADA compliance. He is also a contributing author to the Florida Small Business Practice and has published in the Florida Bar Journal on recent developments in FLSA collective action certification.

Experience

Mr. Cascino’s results include successfully defending a collective action misclassification claim, securing summary judgment in race discrimination cases, managing three California putative class actions to resolution through individual settlements, defending nationwide collective actions, and securing an arbitration victory in a retaliatory discharge claim.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs