Full question:
Are Employers required to deduct a lunch hour from employees or is this optional?
- Category: Employment
- Date:
- State: New York
Answer:
Although an employment agreement may specifically make meal periods compensable working time, absent such an agreement, bona-fide meal periods are not hours worked under the FLSA.
The appropriate test for determining whether meal periods are considered "hours worked" for purpose of calculating overtime under the FLSA is whether an employee predominantly spends the time performing activities for the employer's benefit. The mere fact that an employer reserves the right to place emergency calls to employees during their lunch breaks does not convert a free meal break into time spent predominantly for the benefit of the employer.
Employees' meal periods do not count as time worked when they are free to leave the employer's premises and pursue their own personal interests. However, a meal period can be bona fide even if employees are not permitted to leave the premises if they are otherwise completely free from duties during that time.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
