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New Wage and Hour Opinion Letters from the U.S. Department of Labor

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August 28, 2018

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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued six opinion letters related to compliance with the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA). The opinion letters are meant to provide clarity on employee rights and employer obligations as interpreted by the DOL.

California: Commissioned Employees Must be Specifically Paid for Rest Breaks

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February 28, 2017

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Current California wage order regulations provide non-exempt employees a minimum 10-minute rest break for every four hours worked, or major fraction thereof.  These breaks must be counted as hours worked, must be paid at the employee’s hourly rate and cannot be deducted from employee wages.  A

Breaking News: California Prohibits On-Call and On-Duty Rest Periods

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December 22, 2016

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In Augustus v. ABM Security Services, Inc., the California Supreme Court stated that the Labor Code and Wage Order 4 require employers to give employees off-duty rest periods, including relieving employees of all duties and relinquishing control over how employees spend their time.  As a result, the Supreme Court stated that on-call rest periods are also prohibited, because on-call “status compels employees to remain at the ready and capable of being summoned to action.”  In Augustus, security guard employees were required “to keep their radios and pagers on during rest breaks, to remain vigilant, and to respond when needs arise.”