Supervisors who ask employees to perform work during unpaid meal periods could be putting their employer at risk for a wage and hour lawsuit. However, training can help educate supervisors about federal and state law regarding the compensability of meal periods and, in the process, minimize the risk of such lawsuits.
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In the following case, the U.S. Court of Appeals for the 3rd Circuit—which includes Pennsylvania, New Jersey, and Delaware—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.”
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, in close proximity to emergency response equipment, and on call to respond in case of emergencies.