Question

1. A company allowed its employees to take a half hour lunch break. However, the break was uncompensated, and the employees were not permitted to leave the employer’s premises during the break. Nevertheless, these employees did leave their positions on the production line and eat in an employee lunchroom. They also went outdoors at their discretion. Should the employer be required under the FLSA to compensate these hourly production workers for their 30-minute lunch breaks? What about maintenance workers who might be recalled early from their lunch breaks if an equipment breakdown required it?

Answer 1

FLSA doesn't require employer to provide meal breaks. So the employer needn't compensate for asking the employees to work during breaks provided this meal breaks are a part of the working hour (i.e. for a 40 hour week, if the employer provides meal break of 30 mins i.e. 2.5 hours extra in a week which is included in the 40 hour)

The employer can ask the maintenance worker to come early during lunch in above case

Now, applicability of FLSA is different in different states. As an extreme case an employer may be asked to compensate the employee if-

a. your state's law requires paid rest breaks.

b. employees have to work through the break,

c. the break lasts 20 minutes or less; generally, these shorter breaks are considered part of work day and must be paid