Search our resources by:
Attorney

Practice Area/Topic

Keyword

One of our employees requires intermittent 15 minute breaks under FMLA. Are we required to compensate that employee for the time spent on those breaks?
A:  Under the Fair Labor Standards Act, short employee breaks of less than 20 minutes are generally compensable time.  However, a
conflict arises when an employee must legitimately and lawfully take such frequent breaks, each of less than 20 minutes, that it
substantially affects productivity.  The Department of Labor recently helped us clarify how to resolve that conflict.  In a recent
opinion letter, the DOL noted that FLSA regulations and case law generally find that short rest breaks for employees "promote the
efficiency of an employee" and therefore are compensable because that primarily benefits the employer. On the other hand, breaks
provided pursuant to FMLA are for the primary benefit of the employee. Therefore, the DOL concluded in its Opinion Letter, an
employee's breaks pursuant to FMLA (as intermittent leave) are not compensable breaks under the FLSA, because they are provided for
the primary benefit of the employee only.

Welcome to the Resource Center
Ancel Glink Library
Handbook for Newly Elected Officials (PDF 3435KB)
Our Newly Elected Officials Guide is designed to provide information and guidance on various laws and procedures to newly-elected officials of all local governments. (Updated 2017)
304 Questions That Have Actual Answers (PDF 2228KB)
In this handbook, we list the 304 questions about local government issues that you always wanted to know…with actual answers.
Tort Immunity Handbook (PDF 1426KB)
This handbook describes the federal and state immunities available to local governments and contains practical tips to reduce both the severity and frequency of personal injury claims.(Updated 2014)
Publications
Ancel Glink Defense E-News (3rd Quarter, 2017) (PDF 129KB)
The E-News is a publication of Ancel Glink's defense litigation group.
Ancel Glink Defense E-News (1st Quarter, 2017) (PDF 127KB)
The E-News is a publication of Ancel Glink's defense litigation group.
Big Bully: School Liability for Bullying (PDF 2091KB)
Litigation Management (Winter, 2015)
View All
Presentations
Sex, Guns, and God! (PDF 400KB)
Participants learned about local regulatory issues related to strip clubs, churches, guns shops and other land uses entangled with rights flowing from the First and Second Amendments of the U.S. Cons...
Newsletters
In the Zone: Land Use E-News (Fall, 2017) (PDF 96KB)
In the Zone is a publication of Ancel Glink's land use group.
Ancel Glink Defense E-News (1st Quarter, 2017) (PDF 127KB)
The E-News is a publication of Ancel Glink's defense litigation group
View All
Recent News
Quorum Forum Podcast Discusses Employment Law Issues (6/11/2018)
Ancel Glink just released Episode 3 of its podcast, Quorum Forum. In this episode, Ancel Glink's labor and employment attorneys provide updates on new employment laws that affect government employers... View entire article
Alert! Alert! Ancel Glink’s Quorum Forum has a new “Special Meeting” episode available dealing with “Consolidation!” (5/17/2018)
"Consolidation" is the topic that brings us together for this special meeting of Ancel Glink's Quorum Forum podcast! We'll have an update on consolidation legislation affecting municipalities, and Ke... View entire article
Negotiating from your Personal Point of Power (5/17/2018)
Partner Keri-Lyn J. Krafthefer will be presenting “Negotiating from your Personal Point of Power” at the Illinois City/County Managers’ Association’s 7th Annual Women’s Legacy Conference Advancing Wo... View entire article
View More
Archived Question of the Month
June 2018
One of our employees requires intermittent 15 minute breaks under FMLA. Are we required to compensate that employee for the time spent on those breaks? View answer
December 2017
Can a home rule municipality adopt an ordinance that exempts certain records from public inspection, even though those same records may be subject to public inspection under FOIA? View answer
November 2017
Are records that show which employees of a public body received raises and bonuses subject to release under FOIA? View answer
View More