Lunch Breaks

ACU Frank

Okay, I'll start by saying I think I know the law in this area pretty darned good, and I've never been challenged on it... Until today.

I have a VP who is demanding to see documentation backing my insistence that our unpaid lunch breaks must be at least uninterrupted minutes. The word 'uninterrupted' is the key... since CFR 785 doesn't actually use the term, he feels it should be our option to give a 30-minute unpaid lunch broken into however many parts we want.

I did a quick check for specific case law on the 'uninterrupted' part, but didn't see anything I think he will be satisfied with. Have any of you seen anything that might help me?

NaeNae55

[url]http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.19.htm[/url]

This is from the DOL website so I would not recommend he challenge it.

NaeNae55

Oops. I see it doesn't actually say uninterrupted. hmmmm...

NaeNae55

A rest period of 20 minutes or less is just that, a rest period and as such is compensable. It is not a meal period.

[url]http://www.dol.gov/dol/topic/workhours/breaks.htm[/url]

ACU Frank

I think he's okay with what I've given him now... The first test case involved a union shop, so he didn't think it applied to us. The second test case involved one shift getting 30 minutes, and the other one not, so he didn't think it applied to us. The third test case involved restaurant employees whose 'break room' consisted of the customer dining area, so he didn't think it applied to us.

I threw about six more at him, and I think he's seeing the pattern.

davids

Although Nae's fist cite does not say "uninterupted", it does say the employee must be "completely relieved of duties" for 30 minutes and a shorter period may be allowed in special circumstances. I think taken as a whole, the meaning is "uninterrupted." I know the word "uninterrupted" is in my state's wage and hour law, so you might want to check your state's laws.