4/12/2 A new DOL Opinion Letter on FMLA-protected rest breaks was issued today (see the attachment).

 Extra rest breaks is an option that could benefit some workers with disabilities.  The employee must take unpaid leave or may use their paid leave if available.  The DOL ruling states that “employees who take FMLA-protected breaks must receive as many compensable rest breaks as their coworkers receive.”

 The DOL announcement is below.

The U.S. Department of Labor’s Wage and Hour Division (WHD) is committed to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the tools they need to comply with federal labor law. 

As part of this commitment, WHD has today issued three new opinion letters. An opinion letter is an official, written opinion by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter. Opinion letters represent official statements of agency policy.

 The opinion letters issued today address:

• What counts as work time under the FLSA when employees travel for work (See FLSA2018-18);

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• Whether 15-minute rest breaks required every hour by an employee’s serious health condition must be paid or may be uncompensated (See FLSA2018-19);

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•  Whether certain lump-sum payments from employers to employees are considered “earnings” for garnishment purposes under Title III of the Consumer Credit Protection Act (See CCPA22018-1NA).

The public is encouraged to submit opinion letters to WHD and can visit this webpage to learn how to request and opinion letter or determine whether existing agency guidance already addresses their questions