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Employer must pay for psychotherapy time and travel time
December 30, 2005 by Ross Runkel at LawMemo
If an employer requires an employee to have psychotherapy outside her normal work hours, is the time spent getting there, being there, and getting back, paid time under the Fair Labor Standards Act (FLSA)?
Yes, says the 7th Circuit. Sehie v. City of Aurora (7th Cir 12/27/2005).
Sehie sued her employer for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay for time spent attending and traveling to and from counseling sessions mandated by the employer. There were 16 sessions, one hour each, plus two hours travel time each.
On stipulated facts, the trial court found in favor of Sehie. The 7th Circuit Court affirmed.
The court found that the trial court did not clearly err by finding that Sehie's counseling sessions were necessary and primarily for the benefit of the employer.
The employer argued that 29 CFR Section 785.43 required compensation only for that time spent by an employee in waiting for and receiving medical attention at the direction of the employer during the employee's normal working hours.
The court declined to find as a general rule that 29 CFR Section 785.43 prevented compensation for the time an employee spent during non-working hours receiving employer-required treatment for a work-related injury.
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