Meal Breaks

Shary · April 2005

We provide a one hour meal break for all full-time nonexempt employees, but require that they take at least 30 minutes. If someone only takes 15 minutes, is that 15 minutes unpaid or since it is less than 30 minutes is it treated like a break and it would be paid? Or, if they only take 15 minutes but we require 30 minutes, can we deduct for 30 minutes even if they only take 15?

Shadowfax · April 2005

[font size="1" color="#FF0000"]LAST EDITED ON 04-07-05 AT 10:08AM (CST)[/font][br][br]One of the attys who write for the Smith pubs suggested a few weeks ago that care needed to be taken to assure a break was at least 15 minutes so it would not have to be paid. I questioned that position, because I read the FLSA to require a 20 minute break to be unpaid. I don't believe that was ever responded too - so I don't know where that position fits. As I read the act, I have believed a 'rest' break to be unpaid must be 20 minutes; and a lunch break to be unpaid, must be 30 minutes. Most courts will look at whether the time spent by the ee during the break is 'predominantly for the benefit of the er - or the ee' in deciding whether it is a legit break or not. In your case, if the ee only takes a 15 min break then goes back to work - and you condone it - I think you must pay for the 15 minutes. You may enforce the hour rule if you wish, by discipline, or even insist on a 30 minute lunch by discipline - but if they are not 'completely relieved of duty' for at least 30 minutes for lunch (and 20 minutes for rest break) I think er pays. Maybe the atty will jumpe in here now and set this issue straight, but I think the belief of a 15 minute break going unpaid is a widespread belief, and, I believe, mistaken.

Welcome to the forum!

crawfod · April 2005

Here's the wording that confirms the 20 minutes for rest periods. Then, go on to 785.19 for meal break info.

[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.18.htm[/url]

pork1 · April 2005

SHADOWFAX: I believe there is a missing piece to this issue. If you allow anyone to work while they are to be out on a meal break, THEN THE MINUTES ALLOWED FOR WORK must be paid, regardless of the company policy for rest breaks and meal breaks.

Now, your concern is a management issue and the supervisors must be trained to get the employees away form the PHYSICAL ACT of working. 20 minutes, 30 minutes, 1 hour, 2 hours, it makes no difference. If the supervisor allows the ee to start back to work early then deal with the supervisor and train her/him as to the facts of the law.

I know, I know, I know, PORK has said it before you are fighting the wrong battle, "put the action on the back of the management chain of authority" and your HR life will be less painful. We pay every minute that is on the time card or sheet, and no longer worry about meal & rest breaks. We monitor the issue and pay regardless and then follow up with the troubled division.

PORK

Meal Breaks

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