On April 12, 2018, the Department of Labor (DOL) issued an opinion letter addressing the intersection between the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Specifically, the DOL addressed the issues of when an employee needs multiple breaks throughout the day due to an FMLA covered serious health condition.
According to Opinion Letter FLSA 2018-19, when an employee needs multiple breaks throughout the day they are not compensable because they are not “primarily for the benefit of the employer”. However, the DOL noted that an employer must still compensate the employee for breaks an employee would have received regardless of his or her serious health condition.
The take away from this new opinion letter is employers can rest knowing that they do not have to pay employees for unlimited rest breaks because they are necessitated by an FMLA. Employers should carefully administer and track any such breaks to ensure compliance with both the FMLA and FLSA.
"As with many small businesses, mine was presenting with a hurdle where I needed someone's expert opinion and assistance. I did my research and found Alex. I read through some of the other recommendations and reviews I found and had a good feeling that Alex could help me in my situation. I called Alex and from the very beginning he was extremely helpful.
Alex was able to explain to me, in depth, more about the hurdle I was facing and provided me with several options to assist me in getting over it. We made a plan of action and were able to get past it, allowing me to focus more on my business. What I admired about Alex was his tenacity as well as his communication. He kept me well informed through every step, as each step was happening.
Alex has my highest recommendation and we'd certainly call him again if in need.'