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3rd Circuit: Employer Can’t Offset Paid Breaks Against Required Overtime

Mealey's (November 10, 2016, 10:11 AM EST) -- PHILADELPHIA — An employer that chooses to pay employees for meal breaks when it is not required to do so under the Fair Labor Standards Act (FLSA) may not use that compensation to offset that compensation against unpaid donning and doffing and information exchange between the shifts, a Third Circuit U.S. Court of Appeals panel ruled Oct. 7 (Bobbi-Jo Smiley, et al. v. E.I. du Pont de Nemours and Company, et al., No. 14-4583, 3rd Cir.; 2016 U.S. App. LEXIS 18242).

(Opinion available.  Document #73-161111-013Z.)...
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