Supervisors who direct employees to work during unpaid meal periods could be putting their employer at risk for a costly wage and hour lawsuit. Proper training can help educate supervisors about federal and state law regarding the compensability of meal periods and, in the process, minimize the legal risk.
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In the following case, the U.S. Court of Appeals for the 3rd Circuit—which includes Delaware, New Jersey, and Pennsylvania—adopted a test that most circuit courts use to determine whether meal breaks are compensable under federal law. The “predominant benefit” test considers whether an employee “is primarily engaged in work-related duties during meal periods.”
What Happened
Under a collective bargaining agreement (CBA) between the Butler County Prison in Butler, Pennsylvania, and employees who work there, corrections officers work 8.25-hour shifts. That includes a 1-hour meal period consisting of 45 minutes of paid time and 15 minutes of unpaid time.
During the meal period, corrections officers are not permitted to leave the prison, unless they have obtained permission from the warden or deputy warden. They must remain in uniform, remain in close proximity to emergency response equipment, and be on call to respond in case of emergencies.
The corrections officers maintain that, under the policy, they are not able to run personal errands, sleep, go outside, or smoke cigarettes during their mealtime, but they are expected to respond immediately in person, in uniform, and with appropriate response equipment if an emergency or unexpected situation arises.
A group of corrections officers filed a class action suit, taking issue with the fact that they were not compensated for the entire 1-hour meal period and alleging that Butler County failed to properly compensate them for overtime—in violation of the federal Fair Labor Standards Act (FLSA).
Under the FLSA, an employee who works “a workweek longer than 40 hours” must be paid at least one and one-half times the employee’s regular rate for the work performed over 40 hours.
Butler County filed a motion to dismiss the complaint, arguing that the meal periods were not compensable work, because the corrections officers received the predominant benefit of the meal period. The district court agreed with the county and dismissed the complaint. The corrections officers appealed to the U.S. Court of Appeals for the 3rd Circuit.
In tomorrow’s Advisor, we reveal the court’s decision along with a training takeaway for employers.