Question of the Day: Meal Times
by Kemp Brinson
At a recent talk I gave on employment law topics at the Winter Haven Chamber of Commerce as part of their Best Business Practices series, a participant asked me what the rules were for payment of employees during lunch if some constraints are placed on them. For example – what if they are required to answer the phone? Stay at their desk? Stay on-premises? Do you have to pay them during the lunch break?
The answer: In general, an employee must be paid during lunch if they are required to perform ANY job duties during lunch, such as answering the phone or remaining at a desk or at their machine. However, as long as they are completely relieved of all job duties during lunch, you can require them to remain on-premises and still not have to pay them. The applicable regulation is 29 CFR 785.19 – I encourage you to read it if you want to learn more.
The regulations on hours worked are pretty instructive on a variety of hours worked issues and are available here: 29 CFR Part 785
But what if they are free of duties for lunch, but remain “on call” if you need them? That’s a different question that would require a bit more digging. On-call questions are tricky and have created a significant amount of litigation. Definitely make an appointment with your attorney if you have any doubts about your particular situation.
Before relying on this information, please see the disclaimer on these pages, which applies to this post.
