Working time and flexibility in the United States of America
| Autor | Thomas C. Kohler |
| Cargo | Concurrent Professor of Law and Philosophy. Boston College Law School |
| Páginas | 176-178 |
IUSLabor 1/2016
165
WORKING TIME AND FLEXIBILITY IN THE UNITED STATES OF
AMERICA
Thomas C. Kohler
Concurrent Professor of Law and Philosophy
Boston College Law School
1. Does the regulation on working time establishes a daily, weekly and/or annual
limit of working hours? In the answer is yes, what is the maximum working hours?
The chief wage and hour statute in the United States, the Fair Labor Standards Act
(FLSA), 29 U.S.C. §201 et seq. (first enacted, 1938) sets no limits on working hours for
any employee over the age of 18. Specific statutes may set maximum daily hours of
work for special categories of workers, such as truck drivers, pilots, etc. and state
statutes may set limits on hours worked by physicians in training, etc.
2. What is the regulation regarding daily, weekly and annual rests periods?
The Fair Labor Standards Act establishes no regulations concerning rest periods for
adults, although the law states requires that break periods for meals, if given, must be at
least 30 minutes and free of any work duties if employees are not to be paid during such
breaks. The FLSA does permit the states to establish such regulations through their own
enactments. Reference to state law would be required to answer this question, and
regulations vary from state to state. There is one notable exception: Section 7 of the
FLSA was amended by the Patient Protection and Affordable Care Act (the “τbama
Care” statute) to require employers to provide reasonable break time for an employee to
express breast milk for a nursing child for the period of one year following the child’s
birth (Section 7 (r)). The law also requires that the employer provide a private place,
other than a lavatory, for an affected employee to express her milk. Employers are not
required to compensate employees for time used for this purpose. For further
information, see, http://www.dol.gov/whd/nursingmothers/
U.S. law makes no provision for employers to provide vacation or leave periods, except
under the limited conditions stated in the Family Medical Leave Act (FMLA) of 1993.
Pursuant to the FMLA, a covered employee is entitled to 12 workweeks of leave in a 12
month period for:
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