FLSA2001-16 — Compensability of break time

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

May 19, 2001
FLSA2001-16
Dear
Name*,

This is in reply to your request for an opinion regarding revision 643 of the Field Operations Handbook
issued December 15, 2000.

You are requesting an opinion as to whether the unauthorized extension of an authorized break by an
employee who has been previously advised of the three conditions of 31a01(c) results in the loss of the
entire
period of the break from compensable time rather than just the amount of time by which the break
has been extended without authorization.

Only the length of the unauthorized extension of an authorized break will not be considered hours worked
when the three conditions are met, not the entire break.

This opinion is based exclusively on the facts and circumstances described in your request and is given
on the basis of your representation, explicit or implied, that, you have provided a full and fair description
of all the facts and circumstances which would be pertinent to our consideration of the question
presented. Existence of any other factual or historical background not contained in your request might
require a different conclusion than the one expressed herein.

Sincerely,

Thomas M. Markey
Acting Administrator

Note: * The actual name(s) was removed to preserve privacy.

Working to Improve the Lives of America's Workers Page 1 of 1