Employer Must Pay for All Breaks Shorter than 20 Minutes Notwithstanding "Flex Time" Policy

Two smiling students having a cup of coffee in college canteen

This case was before the Third Circuit on appeal by the employer. The district court granted the DOL’s motion for summary judgment, holding that the employer’s policy of excluding time for breaks less than 20 minutes long violated the FLSA. The Third Circuit agreed and affirmed, holding that the Fair Labor Standards Act requires employers to compensate employees for breaks of 20 minutes or less during which they are free of any work related duties. Read more.

Jo McClure

Written by Jo McClure