.

Michael is a member of the Professional Liability Department where he focuses his practice in the areas of employment law, municipal liability, and civil rights litigation.

In 2021, Michael received his juris doctor from Drexel University Thomas R. Kline School of Law where he was both a member of the Drexel Moot Court Board and a Staff Editor for the Drexel Law Review. 

During law school, Michael also earned a number of academic and scholastic honors, including multiple semesters on the Dean’s List, CALI Awards for Best Student Performance in both Appellate Advocacy and Litigation Practice Skills, and a Top Oralist award at the National Moot Court Competition, sponsored by the New York City Bar Association and the American College of Trial Lawyers. In addition, he held a variety of private and public sector internships and externships, including serving as a summer clerk in the United States District Court for the Middle District of Pennsylvania, and later as a Co-Op Extern in the Civil Division of the United States Attorney’s Office. Upon graduation, Michael was inducted into the Order of the Barristers, an honorary organization for graduating law students who demonstrate exceptional skills in trial advocacy, oral advocacy, and brief writing.

Michael joined Marshall Dennehey as a summer associate in 2020 where he continued to work throughout his third year of law school before returning to the firm following the Pennsylvania Bar Exam. Michael is currently admitted to practice in Pennsylvania and the U.S. District Court for the Eastern District of Pennsylvania.

In 2017, Michael received a Bachelor of Science degree in Finance and Risk Management from Saint Joseph’s University where he graduated as a dual major.

    • Drexel University Thomas R. Kline School of Law (J.D., 2021)
    • Saint Joseph's University (B.S., 2017)
    • Pennsylvania, 2021
    • U.S. District Court Eastern District of Pennsylvania, 2021
    • U.S. District Court Middle District of Pennsylvania, 2021
    • Pennsylvania Super Lawyers Rising Star (2024-2027)
    • Luzerne County Bar Association
    • Order of the Barristers
    • Pennsylvania Bar Association
    • Philadelphia Bar Association

Thought Leadership

Defense Digest

Driving the Workday: The Third Circuit Clarifies Compensable Travel Time Under the FLSA

June 1, 2025

Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act. The key is whether the employee is considered on-duty at the time of travel—that is, whether the employee can use the time effectively for personal purposes.  Travel to a job site following an off-duty period is only compensable if “integral and indispensable” to the employee’s duties.  The Third Circuit’s ruling is sure to impact any industry with mobile employees engaged in providing in-home services.  As the demand for in-home care grows, so do questions about how federal labor laws apply to the home health care workforce. In Sec’y U.S. Dep’t. of Labor v. Nursing Home Care Management, Inc., 128 F.4th 146 (3d Cir. 2025), the Third Circuit offered key guidance on the compensability of the travel time associated with the provision of at-home health care services. In the underlying litigation, the Department of Labor sued a home health care service provider, Nursing Home Care Management, Inc. d/b/a Prestige Home Care Agency (Prestige), in the United States District Court for the Eastern District of Pennsylvania, asserting various violations of the federal Fair Labor Standards Act (FLSA), a federal law regulating how employers compensate their employees for work they perform. Among other things, the FLSA codifies the federal minimum wage, right to overtime pay, and various record keeping requirements imposed upon employers relating to those obligations.  In the instant case, the Department alleged, in relevant part, that Prestige failed to pay its Home Health Aides (HHAs) for time spent traveling between client homes. Specifically, it alleged that Prestige: (1) did not compensate HHAs for travel time from one client’s home to another during the workday; and (2) did not compensate HHAs for travel time to and from clients’ homes before and after an off-duty period.  At the conclusion of discovery, both parties moved for summary judgment. In support of its claim regarding travel time, the Department relied on the “continuous workday doctrine,” which states that “time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked.” 29 C.F.R. § 785.38. By contrast, Prestige argued that travel time constitutes off-duty time under the federal Portal-to-Portal Act of 1947, which provides that an employer need not compensate an employee for “. . . traveling to and from the actual place of performance of the principal activity . . . which such employee is employed to perform.” 29 U.S.C. § 254. The District Court granted summary judgment to the Department on its FLSA claims, concluding that Prestige’s practices amounted to willful violations of the FLSA. To resolve the travel time issue, the court re-focused the question. It noted that in IBP, Inc. v. Alvarez, 546 U.S. 21, 37 (2005), the United States Supreme Court held that “any activity that is ‘integral and indispensable’ to a principal activity is itself a principal activity under § 4(a) of the Portal-to-Portal Act.” Thus, the court concluded that travel is a necessary, integral, and indispensable part of a HHA’s principal activities as, were an HHA not to travel, it would be impossible to provide Prestige’s services in its clients’ homes. Thereafter, Prestige appealed the decision to the Third Circuit Court of Appeals, which affirmed the judgment.  In its analysis, the Court of Appeals took a slightly different approach, centering the discussion of travel time around two key questions—first, whether travel is compensable when the employee lacks the time to go off duty; and second, if the employee has the time to go off duty, must he still be compensated for the time necessary to travel between job sites? In addressing the first question, the court distinguished its analysis from those of the District Court and the parties. It explained that the analysis of whether the travel time was compensable was not a question of whether travel, itself, is a principal activity. Rather, the court grounded its analysis in the federal regulations interpreting the FLSA, which make two key points clear—(1) employees are working for purposes of the law (in other words, are “on-duty”) when idle so long as “they are unable to use the time effectively for [their] own purposes,” and (2) under the continuous workday doctrine, “time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the work day, must be counted as hours worked.” 29 C.F.R. §§ 785.15, 785.38. For these reasons, the court held that HHAs are entitled to compensation when they are on duty and traveling.  Nevertheless, on the second question, the court returned to the “integral and indispensable” analysis. It noted that, though not necessary for those HHAs who were already on duty such as in the first inquiry, the test remained appropriate for those employees who traveled to a client’s home following an off-duty period. The court explained that such employees are entitled to compensation, but only for travel that was necessary to travel between job sites. Put differently, such employees are only entitled to travel that was “integral and indispensable” to the principal activities of HHAs. On this point, the Court of Appeals agreed with the District Court’s analysis that necessary travel to a client’s home is integral and indispensable as, were an HHA not to travel, it would be impossible to provide services in clients’ homes. Still, the court took care to set boundaries. It explained that an employee’s marginal travel that is unnecessary to move between job sites, such as to travel home, to another job, or to go shopping, is not compensable under the FLSA.  The result of this decision is twofold. First, at least with respect to travel, compensability under the FLSA is not a question of whether the activity, itself, is a principal activity or is integral and indispensable to a principal activity. Rather, the question is whether the employee is able to use the time effectively for their own purposes—or put differently, whether the employee is “on duty”—and whether the travel occurs during the broader continuous workday. Second, for employees traveling following an off-duty period, compensability turns on whether any or all of that travel is “integral and indispensable” to their job duties. Though applied here in the home health care context, employers engaged in providing any services at clients’ homes, such as real estate services, cable and utility services, landscaping, and home cleaning services, should note that such time may be compensable under the FLSA.  *Michael is a member of our Professional Liability Department and works in our Philadelphia, PA office.    Defense Digest, Vol. 31, No. 2, June 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Case Law Alerts

Third Circuit Opts for Broad, “Fact-Specific Inquiry” Test in Analyzing Whether Certain Work-Related Activities Are Compensable Under the FLSA

October 1, 2023

A group of oil rig hands sued their employer, Precision Drilling Corp. (PDC), alleging they were entitled to wages under the Fair Labor Standards Act (FLSA) for time spent changing in and out of their protective gear, which included flame-retardant coveralls, steel-toed boots, hard hats, safety glasses, gloves, and earplugs. The plaintiffs argued that changing in and out of their gear was “integral and indispensable” to their principal activity of drilling for oil and gas and, thereby, was compensable under the FLSA. By contrast, PDC argued that it amounted to no more than non-compensable “preliminary and postliminary activity.”  In granting summary judgment for PDC, the district court applied the Second Circuit’s “extraordinary risk” test, finding that the gear was neither integral nor indispensable to oil drilling as the risks necessitating the gear were “ordinary, hypothetical, isolated,” and the gear’s protection was incomplete.  On appeal, however, the Third Circuit reversed, ruling that the “extraordinary risk” test was too narrow for evaluating if changing in and out of the protective gear was an integral and indispensable and, thereby, compensable activity under the FLSA. Instead, the court called for a more fact-specific inquiry and enumerated several key considerations for the lower court, including:  (a) location—i.e., where the workers change;  (b) regulations— i.e., whether changing in and out of the gear is required by law or regulation; and  (c) the specialized nature of the gear.  Briefly applying this test, the court found several factual disputes relating to rules and regulations bearing on protective gear precluded summary judgment and, consequently, remanded the case to the district court for further proceedings.      Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.