The Fair Labor Standards Act (FLSA) is a federal law that governs various aspects of employment in the United States, including minimum wage, overtime pay, and child labor. One area that often raises questions is the regulation of meal periods and under what circumstances can an employer deduct meal periods from an employee’s pay. This post aims to clarify the rules and guidelines surrounding meal periods under the FLSA.
What Are Meal Periods?
Meal periods are designated times during the workday when employees are allowed to take a break for a meal. These breaks are typically unpaid and are intended to provide employees with a rest period to eat and recharge. Meal periods are different than “coffee breaks” or rest periods, which are generally between 5 and 20 minutes. These periods are considered time worked and must be included in employee pay.
FLSA Guidelines on Meal Periods
The FLSA does not mandate that employers must provide meal periods to employees. However, if your employer offers a meal period, it must be a “bona fide” meal period to be deducted from your hours worked. There are specific guidelines that determine if a meal period can be deducted from work time:
- Duration: For a meal period to be unpaid, it generally must last at least 30 minutes. Shorter breaks, such as coffee or snack breaks, are usually considered compensable work hours.
- Uninterrupted: To qualify as an unpaid meal period, the break must be uninterrupted and the employee must be completely relieved from duty for the purpose of eating regular meals. If an employee is required to perform any work duties during their meal period, such as answering work questions, answering phone calls, responding to work texts or emails, or performing any tasks, the time may be compensated.
- State Laws: While the FLSA sets federal standards, many states have their own regulations regarding meal periods. Employers must comply with both federal and state laws, whichever is more stringent.
Automatic Deduction for Meal Periods
Many employers use time and attendance tracking systems that automatically clock employees out for lunch, even if the employee is still working or if the employee performs or remains responsible for work-related tasks during the meal period. This can result in a meal period pay violation. Use of a meal period auto deduction system may violate an employer’s duty to maintain accurate records of meal periods under the FLSA and state laws.
Meal Period Violation and Overtime
If you are credited with 40 hours of work per week after the deduction of a meal period, you may be eligible for both unpaid straight time and overtime for all meal periods that are wrongfully deducted, as the inclusion of the deducted meal periods will result in work over 40 hours. You may be able to recover overtime even if your paid hours do not exceed 40 hours in a workweek. The unpaid meal periods can push your hours into overtime.
Employee Rights
Employees should be aware of their rights regarding meal periods. If an employer fails to provide an uninterrupted meal period or requires work during this time, employees are entitled to compensation for the break period. Understanding the regulations surrounding meal periods under the FLSA is crucial for employees. While the FLSA does not require meal periods, it sets clear guidelines for those that are provided. Employers must ensure that meal periods are uninterrupted and comply with both federal and state laws to avoid potential legal issues.
If you have questions about your current or past employment situation, call the unpaid overtime attorneys at Bohrer Brady, LLC for a free, confidential consultation.
