The US Department of Labor issued guidance to employers on Thursday on how to comply with the Fair Labor Standards Act and the Family and Medical Leave Act for telecommuting employees.
FLSA issues addressed in the bulletin include accounting for hours worked, counting breaks of 20 minutes or less as work, and providing “bona fide” meal breaks. It also reminds employers that telecommuting employees must be given breaks to let down breast milk.
FLMA issues covered include employees being eligible for FMLA leave when they have worked for an employer for at least 12 months, have at least 1,250 hours of service in the previous 12-month period, and work at a location where the employer has at least 50 hours. employees within 75 miles.
The bulletin states that telecommuters̵7; workplace for FMLA-eligible purposes is the office to which they report, or from which their assignments are performed, and telecommuters are included in the 50 total.