New Guidance for Remote Work and Leave

March 13, 2023

In February 2023, the federal Department of Labor (DOL) issued new guidance about employees working remotely from home.


The DOL confirmed that the rules for compensating employees, under the Fair Labor Standards Act (FLSA), for break time apply whether the employee is working onsite or remote. Break times of 20 minutes or less are treated as compensable time.  A longer break is not compensable time, so long as the employee is completely relieved from duties, which is defined as: (i) being “told in advance that they may leave the job and they will not have to commence work until a specified hour,” or (ii) that they may “freely choose the hour at which they resume working and the time is long enough for the employees to effectively use their own purposes.” The DOL also noted the FLSA’s requirement to provide reasonable break time for employees to express breast milk for their nursing child with a space that is “shielded from view” also applies to remote work. This means “ensuring that an employee is free from observation by any employer provided or required video system”. Such breaks are also compensable if the employee is not completely relieved from duties.


The DOL also discussed Family and Medical Leave Act (FMLA) eligibility requirements. An employer with at least 50 employees within a 75 mile radius of the worksite must provide FMLA benefits to employees who have worked 1,250 hours in the preceding 12 months. The DOL explained that for remote employees the pertinent worksite is not their residence but is “the office to which they report or from which their assignments are made.” 


The DOL also addressed whether an employer is required to allow an employee, with an FMLA-covered serious health condition, to use FMLA leave to shorten their workday where the regular schedule for the position would otherwise be more. The DOL stated that employees who are eligible for FMLA leave must be permitted to take it on a reduced schedule basis, and that an employer may not simply reduce their workday as a reasonable accommodation under the ADA thereby making them ineligible for group health insurance benefits. Eligible employees must be permitted to use FMLA leave until they have exhausted their leave, and if a reduced schedule does not result in the equivalent of 12 weeks of leave in a 12-month period, the employer is required to provide it indefinitely. Also, the hours of FMLA leave the employee is entitled must be based on the employee’s regularly scheduled workweek, and not on the reduced one, so an employee who is regularly scheduled 50-hours per week (not counting voluntary overtime) would be entitled to use 600 hours of FMLA leave in a 12-month period, to shorten their schedule to 40 hours per week. Lastly, the DOL found that if an employee, who requires a reduced schedule, exhausts their FMLA leave, the employer is obligated to consider continuing the reduction as a reasonable accommodation under the ADA, and an employee may offer, and an employee may voluntarily accept, a reduced schedule as a reasonable accommodation in lieu of taking FMLA leave.


As a result, more remote employees are likely to meet the FMLA’s eligibility requirements than employers may have previously assumed.  Employers with a remote workforce should check their wage and hour and FMLA policies to ensure compliance, as well as consider the applicability of the FMLA when an employee requests a reduced schedule as an accommodation.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

September 25, 2025
Starbucks is facing a new wave of litigation, in this instance over its workplace dress code. Employees in California, Colorado, and Illinois allege that the Company’s updated policy forced them to purchase clothing items out-of-pocket without reimbursement, raising questions about employer obligations under state expense reimbursement laws. The Lawsuits On September 17, 2025, employees in Illinois and Colorado filed class-action lawsuits, while workers in California submitted complaints to the State’s Labor and Workforce Development Agency. If the Agency declines to act, those workers intend to pursue their own civil claims. The lawsuits are backed by the union organizing Starbucks workers, and plaintiffs argue that requiring employees to buy specific uniform items without full reimbursement violates the states’ statutes. Under laws in California, Colorado, and Illinois, employers must cover necessary business expenses, which can include uniforms or clothing mandated by a dress code. What the Dress Code Requires The revised policy, implemented in May 2025, requires employees to wear a solid black shirt (short or long sleeves, but not sleeveless or midriff-bearing) underneath their signature green apron. Pants must be khaki, black, or denim, and shoes must be in muted tones such as black, gray, navy, brown, tan, or white. The policy also forbids “theatrical makeup” and visible face tattoos, prohibits nail polish and tongue piercings, and limits workers to one (1) facial piercing. In an effort to offset the change, Starbucks provided two shirts free of charge to each employee. Workers contend this was not enough, since multiple additional items were required to comply with the policy. Court documents show that some employees who failed to follow the dress code were subject to verbal warnings or sent home before starting their shifts. Worker Claims One plaintiff, Shay Mannik, a shift supervisor in Colorado, reported purchasing four black T-shirts, compliant shoes, and jeans to meet the dress code requirements. Despite these costs, Mannik claims they were never reimbursed. “It’s unfair that a billion-dollar company puts this burden on workers already struggling with unpredictable hours and understaffed stores,” Mannik stated through attorneys. Starbucks’ Response Starbucks defended the policy as a way to “deliver a more consistent coffeehouse experience to our customers and provide our partners with simpler and clearer dress code guidance.” The Company emphasized that it issued two free shirts to employees to prepare for the change. Key Considerations for Employers The Starbucks litigation underscores several important lessons for businesses:  Uniform Policies May Trigger Reimbursement Duties. Even when employers provide some clothing, state laws may still require reimbursement if employees must make additional purchases. State Laws Differ. California, Colorado, and Illinois all impose expense reimbursement obligations, but requirements vary, and enforcement can be aggressive. Here in Massachusetts, an employer does not need to pay for or reimburse an employee for general clothing, such as khakis, a black shirt, and black shoes, since these are ordinary items that can be worn outside of work. If the employer requires a specific style, brand, or logo (making the clothing a true uniform) then the employer must provide or reimburse for it and cover the cost of maintenance if special cleaning is needed. The only exception for ordinary clothing is if the cost would reduce the employee’s pay below minimum wage. Policy Rollouts Should Weigh Legal Risks. Employers introducing or revising appearance standards should carefully evaluate potential compliance costs, both financial and reputational. Takeaway The lawsuits against Starbucks will test the boundaries of state reimbursement laws and may influence how courts interpret employer obligations regarding dress codes. For companies, this case highlights the need to review policies proactively and ensure expense reimbursement practices comply with applicable state requirements. At The Royal Law Firm, we advise businesses on preventive compliance and represent employers when disputes arise. Our team’s focus on business defense ensures that policies are both operationally effective and legally sound. The Royal Law Firm LLP is a woman-owned, women-managed corporate law firm certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
September 24, 2025
The Royal Law Firm is proud to announce that we have been ranked in the inaugural Chambers Spotlight Massachusetts Guide, which is a prestigious recognition from the internationally renowned legal research company Chambers and Partners! We are honored to be recognized for our exceptional expertise in Labor & Employment law. This ranking reflects our unwavering commitment to delivering top-tier legal counsel to businesses throughout the Commonwealth and beyond. Only 2% of attorneys are ranked by Chambers. The Royal Law Firm is the only Labor & Employment firm ranked in Springfield, MA. This award highlights small and mid-sized firms with a proven record of excellence and partner-level attention to client matters. Chambers Spotlight is a new guide designed to showcase the very best boutique and mid-sized firms across key U.S. legal markets, focusing on firms that combine regional insight, national impact, and client-focused service. About The Royal Law Firm The Royal Law Firm is a New England-based, women-owned law firm that exclusively represents businesses. Our attorneys are known for their aggressive litigation strategy, proactive employment law counseling, and commitment to understanding every client’s unique business model and goals. We are proud to be certified as a Women-Owned Business through state and national organizations including WBENC, NAMWOLF, and the Commonwealth of Massachusetts Supplier Diversity Office. The Royal Law Firm was founded by Amy Royal in 2008 with a mission to promote diversity in the legal field, serve businesses exclusively, and give back to her hometown community. As a seasoned trial lawyer with over 25 years of civil litigation experience representing companies, Amy specializes in employer-side employment law, business tort defense, labor law, and corporate transactions. She has successfully defended clients in individual and class action cases involving wage and hour issues, discrimination, harassment, FMLA, OSHA, ERISA, and more. Amy also advises on union matters, HR policies, workplace investigations, and affirmative action compliance. Her commercial litigation work spans business torts, unfair competition, and contract disputes, while her transactional practice includes drafting employment agreements, vendor contracts, and regulatory compliance strategies. Our recognition in the Chambers Spotlight Guide reflects the dedication and excellence of our entire team. Thank you to our clients, peers, and community for your continued trust and support. We look forward to continuing to serve you with excellence.