Hidden Challenges In Applying New DOL Break Time Guidance

Law360 (May 22, 2018, 11:48 AM EDT) -- Under the Fair Labor Standards Act, the rule of thumb on compensating employees for rest breaks has long been that nonexempt employees must be paid for breaks shorter than 20 minutes in duration. But what if the purpose of the employee’s short rest break is actually to provide the employee with intermittent Family and Medical Leave Act leave for an employee’s own serious health condition? If that is the case, does the FLSA’s rule of thumb give way to the FMLA’s principle that leave need not be paid? 

On April 12, 2018, the U.S. Department of Labor released an opinion letter...

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