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The FLSA’s general requirements for calculating hours worked by an employee also apply to teleworkers. Breaks of 20 minutes or less generally must be counted as hours worked, whereas meal breaks of 30 minutes or longer do not. The bulletin provides specific examples assessing whether a teleworker is sufficiently relieved from duty during a break for purposes of determining hours worked.  

The FLSA’s requirements to provide employees with breaks and shielded locations for expressing breast milk also apply to teleworkers. These requirements apply when employees are working off-site, such as at a client’s worksite. Moreover, employers must pay employees who work during a break, such as an employee who chooses to attend a video meeting off-camera.  

The same general requirements for determining FMLA eligibility for office workers also apply to teleworkers. Those requirements include that an employee works at a location where at least 50 employees work within 75 miles. The bulletin makes clear that the worksite is not an employee’s personal residence; instead, a teleworker’s worksite for FMLA purposes is the office to which they report or from which they receive assignments. The bulletin provides specific examples to assist in determining FMLA eligibility and whether the FMLA worksite requirement is met.