News Summary
A U.S. District Court judge has sided with N.E.S. Solutions in a case involving employee Edwina Burton’s claims over commuting expenses. The court found that the additional costs Burton incurred from her reassignment to a new work location were ordinary commuting expenses, not warranting adjustments to her hourly wage. Despite a wage increase shortly after her transfer, Burton’s claims were dismissed, highlighting the legal boundaries of employer responsibilities for commuting costs.
Rhode Island – A U.S. District Court judge has ruled in favor of employer N.E.S. Solutions, stating that the company did not violate minimum wage laws regarding employee Edwina Burton’s commuting expenses. The judgment arrived after Burton raised a dispute over additional expenses incurred due to her transfer to a more distant work location, claiming that these costs should affect her hourly wage calculation.
Edwina Burton was employed by N.E.S. Solutions as a patrol officer since December 2023 and was initially paid $16.50 per hour, a rate that exceeds both federal and Rhode Island minimum wage standards. After being reassigned to a site in Central Falls in April 2024, her commuting expenses reportedly increased by over $20 per day. Burton contended that these additional costs should have been deducted from her wages, maintaining that failure to do so caused her compensation to dip below the minimum wage threshold.
In her complaint, Burton asserted that the employer was responsible for covering her work-related commuting expenses, which she argued should not fall under the category of ordinary commuting. However, Judge Mary S. McElroy found that the expenses in question were considered standard commuting costs rather than extraordinary travel expenses warranting reimbursement. Consequently, the court dismissed Burton’s complaint with prejudice and unequivocally stated that her charge did not indicate the additional commuting expenses were anything but ordinary.
After she was transferred, N.E.S. Solutions raised Burton’s hourly wage by $1 in late May 2024. Despite this increase, her paychecks continued to reflect the original $16.50 rate. Burton’s work arrangements changed again in June 2024, leading to her termination on July 1 of the same year. She claimed that the termination was mischaracterized as her resignation, prompting her to file a lawsuit in June 2025, where she accused the employer of non-payment of wages and of violating the Fair Labor Standards Act (FLSA).
The judge noted that both federal and state wage laws share similar principles when it comes to deductions and reimbursements. Burton referred to federal regulations as well as a 2023 ruling in the case of Montoya v. CRST Expedited in support of her claims, but the judge disagreed with her interpretation of these precedents. The plaintiff’s counsel, Olayiwola O. Oduyingbo, was not available for comment, while representatives for the defense did not respond to media inquiries.
The case highlights important legal interpretations regarding employee expenses and wage laws, reinforcing the idea that commuting expenses considered typical are not subject to reimbursement under existing federal and state regulations. Employers are reminded that complying with minimum wage laws is essential, but that ordinary commuting costs do not qualify for deductions affecting wage calculations. As the situation progresses, it may serve as a precedent for future disputes involving commuting expenses and wage determination.
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