On April 12, 2018, the federal Wage and Hour Division (WHD) of the DOL issued its first opinion letters since 2009. One of the letters addressed an issue under the FMLA. The question posed by the employer was whether a non-exempt employee’s use of a 15-minute rest break every hour for a serious health condition was compensable time. The effect of the break time was that the employee only worked 6 hours of an 8 hour day. Since the time was covered by the FMLA, it would be unpaid. However, the FLSA generally requires rest breaks of up to 20 minutes to be compensable because they primarily benefit the employer. The WHD acknowledged that the breaks described in this situation differ from standard paid rest breaks. It noted that since the FMLA-covered rest breaks are to accommodate the employee’s medical condition, they primarily benefit the employee and are therefore not compensable. The opinion letter also cautioned, though, that even employees taking these form of FMLA covered rest breaks must receive as many compensable rest breaks as their coworkers. So, for…Read More
Rudman Winchell is a full service law firm serving the people, businesses and communities of Maine. With our vast legal resources and more than two dozen attorneys located in Bangor, we become a true strategic partner with the clients we serve.
Rudman • Winchell's Practice Groups
Individual • Family
Rudman Winchell attorneys provide expert guidance and on matters involving all aspects of Maine individual and family law including Divorce, Probate, Elder Law, Wills and Estate Planning.
Business • Corporate
Rudman Winchell business attorneys regularly represent clients in all aspects of business and corporate law.
Litigation • Trials
Rudman Winchell’s trial lawyers have extensive experience in both federal and state courts in a vast array of civil matters as well as criminal defense.
Municipal • Government Law
Rudman Winchell represents clients' interests in administrative and enforcement proceedings before government agencies and boards, including appeals.
Insurance • Workers Compensation
Rudman Winchell’s insurance law attorneys offer specialized representation to insurance companies and their insureds.
Real Estate • Property
Rudman Winchell has a broad Maine based real estate practice. Our real estate attorneys provide representation of banks and other lending institutions
Employment • Labor Law
Rudman Winchell’s experienced Employment and Labor attorneys advise clients on preventive strategies and positive solutions in Maine labor and workplace law.
Timberlands • Natural Resources
Rudman Winchell is located in the heart of Maine's industrial timberlands, and is a trusted partner of the timber industry and other natural resource based enterprises.
Healthcare • Hospitals
Rudman Winchell provides a comprehensive array of legal services to clients in the health care industry, throughout the state of Maine.
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