Perez v. American Future Systems
United States District Court for the Eastern District of Pennsylvania
2015 WL 8973055 (2015)
- Written by Jamie Milne, JD
Facts
American Furniture Systems (defendant), which did business as Progressive Business Solutions (Progressive), required employees to log off from computers when taking any breaks during the workday. Consequently, even short breaks were unpaid. The United States Department of Labor (department) (plaintiff), via Secretary Thomas Perez (plaintiff), sued Progressive, arguing that Progressive’s policy violated the minimum-wage requirement under the Fair Labor Standards Act (FLSA). The department relied on 29 CFR § 785.18, an interpretive rule issued by the department stating that short breaks of five to 20 minutes were common in industry and constituted working time for FLSA purposes. In the parties’ cross motions for summary judgment, one of the disputed issues was whether § 785.18’s interpretation of the FLSA was entitled to deference.
Rule of Law
Issue
Holding and Reasoning (Restrepo, J.)
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