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SECRETARY US DOL v. AMERICAN FUTURE SYSTEMS, INC.

No. 16-2685.

873 F.3d 420 (2017)

SECRETARY UNITED STATES DEPARTMENT OF LABOR v. AMERICAN FUTURE SYSTEMS, INC. d/b/a Progressive Business Publications, a Corporation; Edward Satell, Individually and as President of the above referenced Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 13, 2017.

Attorney(s) appearing for the Case

Alfred W. Putnam, Jr., Esq. [ARGUED], Dorothy A. Hickok, Esq. , Drinker Biddle & Reath, 18th & Cherry Streets, One Logan Square, Suite 2000, Philadelphia, PA 19103, Sarah E. Bouchard, Esq. , Morgan, Lewis & Bockius, 1701 Market Street, Philadelphia, PA 19103, Lincoln O. Bisbee, Esq. , Morgan, Lewis & Bockius, 1111 Pennsylvania Avenue, N.W., Suite 800 North, Washington, DC 20004, Attorneys for Appellants.

M. Patricia Smith, Esq. , Jennifer S. Brand, Esq. , Paul L. Frieden, Esq. , Rachel Goldberg, Esq. [ARGUED], Office of the Solicitor, U.S. Department of Labor, 200 Constitute Avenue, N.W., Room N-2716, Washington, DC 20210, Attorneys for Appellee.

Jonathan S. Krause, Esq. , Klehr Harrison Harvey Branzburg, 1835 Market Street, Suite 1400, Philadelphia, PA 19103, Attorney for Amicus-Appellant.

Margaret W. Williamson, Esq. , A Better Balance, 80 Maiden Lane, Suite 606, New York, NY 10038, Attorney for Amicus-Appellee.

Before: McKEE, RENDELL, FUENTES, Circuit Judges.

OPINION OF THE COURT

I. INTRODUCTION

We are asked to decide whether the Fair Labor Standards Act requires employers to compensate employees for breaks of 20 minutes or less during which they are logged off of their computers and free of any work related duties. For the

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