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Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017)

Articles Discussing Case:

Pump the Breaks: Employers Cannot Bypass Obligation to Compensate Employees for Short Rest Periods

Jackson Lewis P.C. • October 24, 2017
Refusing to compensate employees for short breaks is prohibited by the FLSA, the Third Circuit has confirmed. Thus, an employer’s “flexible time” policy, under which employees were not paid if they logged off of their computers for more than 90 seconds, fails to comply with the Act when employees take breaks of twenty minutes or less, even if the policy allows the employee to log off whenever desired and for any length of time. Secretary, U.S. Dep’t of Labor v. American Future Systems, Inc., 2017 U.S. App. LEXIS 19991 (3rd Cir. Oct. 13, 2017).

Ninety Seconds Is Not Enough: Third Circuit Rules That Break Policy Violates the FLSA

Ogletree Deakins • October 19, 2017
In Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017), the Third Circuit Court of Appeals considered whether an employer’s failure to compensate employees for periods of 20 minutes or less time when they were relieved of all work-related duties violated the Fair Labor Standards Act (FLSA). The Third Circuit held that the FLSA requires employers to compensate employees for breaks of 20 minutes or less, and rejected the employer’s contention that under the employer’s “flexible time” policy, such non-work periods did not constitute breaks within the meaning of the law.

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