Last month, the Department of Labor issued a field bulletin to clarify some issues regarding work break regulation for remote workers.

The field bulletin makes clear that the Fair Labor Standards Act requires that non-exempt employees be compensated for short 20 minute breaks whether they are working on or off site (including reasonable time for breastfeeding/pumping but not including qualifying meal breaks).

Further, the bulletin addresses eligibility questions with regard to remote work and when the Family and Medical Leave Act will apply, even if the employee works remotely more than 75 miles away from the worksite or there and/or there are fewer than 50 employees working on a site, not including remote workers.