On September 7, the U.S. Department of Labor (DOL) published three new opinion letters covering specific factual inquiries into federal Fair Labor Standards Act (FLSA) rules. Two opinion letters address volunteer work and tip sharing by restaurant managers. In this last opinion letter, the DOL explored whether travel required during a 60-minute meal period provided by an employer through a collective bargaining agreement (CBA) was compensable time. Keep in mind that California’s wage-and-hour laws may provide more or different rules than the FLSA, so employers need to be aware of both sets of laws.
In this letter, the employer provides a 60-minute meal period in accordance with the CBA but prohibits employees from eating in their work area. Instead, the employees must walk to a designated break area, which can take three to seven minutes to walk to. Counting the return trip to their work area, the employee is left with approximately 46 to 54 minutes at the break area.
While the FLSA doesn’t require meal periods, it does require employees to be compensated for all time “working” where they were not relieved of duties during any designated meal periods. The DOL highlights that the standard is whether the employee was provided a “bona fide” meal period that is sufficient to allow the employee adequate time to eat comfortably. Ordinarily, 30 minutes or more is long enough for a bona fide meal period, but the employer and employee may agree in some cases to shorter durations that would still result in a bona fide meal period.
So, although this employee was required to travel to a break room resulting in less than 60 minutes to eat, the employee was relieved of all duties to allow the walk to the break room and the remaining 46 to 54 minutes was more than enough to allow the employee adequate time to eat comfortably.
California employers should note that California law does require meal periods for employees who work more than five hours in a work period. In addition, compliant meal periods must meet several requirements. To provide a compliant meal period, the employer must:
- Relieve the employee of all duties;
- Relinquish control over the employee’s activities;
- Permit the employee a reasonable opportunity to take an uninterrupted, 30-minute break; and
- Not impede or discourage the employee from taking their meal period.
Further, under California law, the employer must provide the meal period in a timely fashion. The employee’s meal period must start no later than four hours and 59 minutes into the employee’s work period.
As always, because California law is more protective of employees when it involves meal periods, employers must follow California law for their California workers instead of the FLSA guidance provided by this opinion letter.
Matthew J. Roberts, Associate General Counsel, Labor and Employment
CalChamber members can read about Meal Breaks in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.
