Short breaks of fewer than 20 minutes taken by hourly, non-exempt employees who telework or must be counted as compensable time under the Fair Labor Standards Act — as is the case for employers working from an employer’s own location — Jessica Looman, principal deputy administrator of the U.S. Department of Labor’s Wage and Hour Administration, wrote in a Field Assistance Bulletin published Thursday.
“Whether teleworking at home or working at the employer’s facility, employees often take short breaks to go to the bathroom, get a cup of coffee, stretch their legs, and other similar activities,” Looman said. “By their very nature, such short breaks primarily benefit the employer by reducing employee fatigue and helping employees maintain focus and be more productive at work.”
Bona fide meal periods, typically 30 minutes or longer, in which employees are completely relieved of duty for the purpose of eating regular meals should not be considered compensable, per the bulletin.
The same is true of breaks longer than 20 minutes that permit employees to use that time for their own purposes and completely relieve them of their duties, provided that employees are told in advance that they may leave the job and will not have to commence work until a certain time. Alternatively, Looman said, the employee can be relieved from duty if the employer allows the employee to freely choose the time at which they resume work, and the intervening time is long enough for the employees to use...
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