Secretary, U.S. Dept. of Labor v. American Future Systems — labor — affirmance — McKee

The Third Circuit today held that the Fair Labor Standards Act requires employers to compensate employees for all rest breaks of 20 minutes or less, even if the employer calls the breaks flexible time and allows employees to do as they please. The court also affirmed the district court’s liquidated-damages award based on the employer’s bad faith.

Joining McKee were Rendell and Fuentes. Arguing counsel were former Adams clerk Alfred Putnam Jr. of Drinker Biddle for the employer and Rachel Goldberg for the government.