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Court Upholds DOL Requirement For Paid Breaks

Posted by Marc Smith | Jan 16, 2016 | 0 Comments

The Fair Labor Standards Act requires employers to pay their non-exempt employees for hours worked. The Department of Labor has a implemented a regulation that states: “Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry . . . . They must be counted as hours worked.” 29 C.F.R. § 785.18.

Courts are not bound to follow such agency regulations, but they do afford them some deference.

In Perez v. American Future Systems, Inc. the Eastern District of Pennsylvania adopted the DOL regulation, holding that employers in most circumstances must pay non-exempt employees for breaks not exceeding 20 minutes.

About the Author

Marc Smith

Marc J. Smith is a Rockville, Maryland employment attorney and a founding member of the law firm formerly known as Smith, Lease & Goldstein, LLC. In 2018, after 18 years managing Smith, Lease & Goldstein, LLC's employment counseling and litigation practice, Marc launched his own boutique practice...

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Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.

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