Does the DOL's new guidance on short rest breaks for FMLA purposes contain traps for the unwary?
The Law360 electronic newsletter recently published shareholder Kevin Johnson's analysis of those potential traps.
While the opinion letter states that employers should be able to treat such breaks as unpaid FMLA time even if they are less than 20 minutes in duration, it contains a caveat that suggests there are still circumstances in which these breaks must be paid. An employer's policies and practices will likely make all the difference.
Read the Law360 article for a full description of the risks that must be considered before treating these short breaks as unpaid.