The Third Circuit has issued an opinion that reminds employers that breaks of less than 20 minutes are still counted as working hours, for which an employee must be paid, under the Fair Labor Standards Act (“FMLA”).
In the case of Dept. of Labor v. American Furniture Systems, Inc., employees were required to log off their computers or would automatically be logged off for times they were not working for more than 90 seconds. The employer explained that this was a flexible work schedule that allowed employees to take breaks from work at any time during the day, for any duration, for any reason, and that employees were not required to work during such breaks and were even free to leave the work site.
However, the breaks also included periods of time that the employees were up from their desk to get a cup of coffee or use the restroom, if they were up from their desk for more than 90 seconds.
The Court denied the employer’s arguments as to why such time, if more than 90 seconds, should not be compensated. First, the Court rejects the argument that such time is not working time and notes that it would be absurd to essentially punish employees who happen use the restroom simply because they cannot do so in 90 seconds or less by denying them pay for that timeframe. Second, the Court found that the Department of Labor’s regulations, which provide that breaks of 20 minutes or less are considered working time, were entitled to deference even though the FLSA itself does not provide for breaks, paid or otherwise. As a result, the Third Circuit found the employer’s practice of denying pay for 20 minute breaks or less a violation of the FLSA.
Accordingly, employers should make sure that they have systems in place to prevent employees from being docked pay for breaks that last 20 minutes of less or they may run the risk of facing possible actions against them by the Department of Labor. Some practical examples of what should be done is requiring employees obtain permission for shorter breaks from their supervisor, making sure that breaks are not used to reduce overtime in anyway, and making sure that scheduled breaks, such as lunch, are longer typically closer to 30 minutes, eliminating the need to pay employees for such breaks.
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.
