Paid lunches

seeker · September 2003

We have work crews that are required to drive and ride out to a jobsite in a company vehicle. They arrive at the main "yard" at 7 a.m. and are paid beginning at 7 a.m. Theey are given their assignment for the day. Then the 3 crew members get into one company vehicle & ride/drive out to the jobsite. They are paid for their drive/riding time. They then work until lunchtime, usually Noon, depending on the activity. They are allowed up to 30 minutes for lunch.
We have until now always paid this lunch time, regardless of whether they work or rest. Question: Can we make it an unpaid lunch? That is, if we allow them to take the vehicle off-site, etc. Or, are they not "completely relieved from duty for the purpose of eating a regular meal" (see 29 CFR 785.19)?

Parabeagle · September 2003

I think you can make it an unpaid lunch if you can guarantee that they are relieved of ALL duties. No answering the phone/radio, no duties whatsoever, otherwise they will have to be paid for the time.

Pork · September 2003

"COMPLETELY RELIEVED FOR A MEAL/REST BREAK" are your key words! The team leader/supervisor must make sure they are, in fact, relieved from work. If the riders are not assisting in the operation of the company vehicle to get to the work site and return you are not also required to pay for riding time: however, we do, because the time clock is in the home office and we require them to report to the time clock in order to get to the designated work site. I once had a supervisor that swore everyone was completely relieved for a rest and meal brake; however, it got back to me that the team leader was making the guys eat lunch and straighten up the truck and sharpen tools, etc. during the 1 hour lunch break. THE SUPERVISOR/TEAM LEADER WAS IN THE WRONG AND THE PRACTICE WAS STOPPED.

PORK

E Wart · September 2003

It is my understanding that they can still be "relieved of their duties and still have a company vehicle". The question here would be do they time the "30 minutes meal break as a true break". If so, you would not be under any obligation to pay them. This would be the Crew Chief's responsibility to make that decision. You may have times when they are "called upon" to continue working to meet a deadline and they eat while working. Or if the driver is on call and called upon to go somewhere in the company truck to pick up or deliver something and he eats on the way, it would be on Company time. However, if they just use the vehicle to drive to the nearest fast food place to eat, this is their time, even though they are in a company vehicle.
E Wart

Paid lunches

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