By Michael P. Maslanka, JD
The question of whether lunch breaks are compensable recently surfaced in a case from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas). The court’s decision is instructive and provides a timely reminder that the Fair Labor Standards Act (FLSA) is fraught with danger.
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It’s always a good idea to go directly to the directions—in this case, the Code of Federal Regulations. There are two pertinent provisions:
29 C.F.R. 785.18: Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked.
29 C.F.R. 785.19: Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. Ordinarily, 30 minutes or more is long enough for a bona fide meal period.
Bottom line: Shorter breaks are deemed to benefit the employer by giving it a reenergized employee. In contrast, longer meal breaks predominately benefit the employee. But what if the employer imposes restrictions on the use of meal time? Must the employee be paid in such circumstances?