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DOL Clarifies Telework under FLSA, FMLA

​The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 to clarify the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers, as well as the Family and Medical Leave Act's (FMLA's) hours-of-service eligibility requirement for teleworkers.

The DOL also explained in an opinion letter the same day that eligible employees with serious health conditions who require reduced work schedules may indefinitely use available FMLA leave.

The primary focus of the FAB "is on hours worked, meal and rest breaks, lactation breaks for nursing mothers and FMLA compliance, all in the context of remote employees," said Jim Coleman, an attorney with Constangy, Brooks, Smith & Prophete in Fairfax, Va.

Read the article:
DOL Explains When FLSA, FMLA Cover Remote Employees
SHRM | Feb 2023

Read Field Assistance Bulletin No. 2023-1

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