Department of Labor issues guidance on telework

The U.S. Department of Labor issued guidance to employers on Thursday as to how to comply with the Fair Labor Standards Act and the Family and Medical Leave Act for employees who telework.

FLSA issues covered in the bulletin include accounting for the hours worked, counting breaks of 20 minutes or less as work and providing for “bona fide” meal breaks. It also reminds employers that teleworking employees must be provided with break times to express breast milk.
FLMA issues covered include that employees are eligible for FMLA leave when they have worked for an employer for at least 12 months, have at least 1,250 hours of service during the preceding 12-month period and work in a location where the employer has at least 50 employees within 75 miles.

The bulletin says telecommuters’ worksite for FMLA eligibility purposes is the office to which they report, or from which their assignments are made, and telecommuting workers are included in the total of 50.