By Kevin J. Skelly, JD
The 3rd Circuit recently adopted a standard for determining when a meal break is compensable under the Fair Labor Standards Act (FLSA).
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Facts. Sandra Babcock works as a corrections officer at a prison. She and the other corrections officers at the prison are subject to a collective bargaining agreement (CBA). Under the CBA, corrections officers work 8.25-hour shifts that include a one-hour meal break, 45 minutes of which is paid and 15 minutes unpaid.
During their meal break, corrections officers are not permitted to leave the prison without express permission from prison officials. Corrections officers must remain in uniform during the meal break and stay nearby in case they are required to respond to an emergency at the prison.