Table of Contents Index Previous Page Next Page

 

D. Breaks

 

Breaks are a common source of confusion for employers. As noted elsewhere in this book, the FLSA does not require employers to give breaks during the workday, but if breaks are given, certain rules apply. Rest or coffee breaks, defined as 20 minutes or less, are compensable hours worked under 29 C.F.R. 785.18, since they are regarded as being for the benefit of both the employer and the employee. Meal breaks, on the other hand, are not compensable, as long as they are at least 30 minutes in length and the employee is "completely relieved from duty for the purpose of eating a regular meal" (see 29 C.F.R. 785.19). Shorter meal breaks may be considered valid under special circumstances. The most frequent pitfall for employers is thinking that employees have true meal breaks if they are allowed to eat at their desks while answering phones, opening mail, sorting files, and so on. Such duties performed while trying to eat will render the time spent during the meal break compensable. Employers may control unauthorized work during meal breaks by the disciplinary process.

 

Return to Businesses & Employers
Return to TWC Home