{"id":7026,"date":"2024-02-06T07:38:33","date_gmt":"2024-02-06T07:38:33","guid":{"rendered":"https:\/\/kennedyattorney.com\/?p=7026"},"modified":"2024-02-06T07:38:33","modified_gmt":"2024-02-06T07:38:33","slug":"empowering-employees-a-compassionate-approach-to-meal-breaks","status":"publish","type":"post","link":"https:\/\/kennedyattorney.com\/empowering-employees-a-compassionate-approach-to-meal-breaks\/","title":{"rendered":"Empowering Employees: A Compassionate Approach to Meal Breaks"},"content":{"rendered":"\n

In the realm of employment, it is crucial for employers to appreciate the importance of meal breaks. <\/h4>\n\n\n\n

Federal law wisely acknowledges that meal periods are not considered work time and should not be compensated. However, to truly embrace the spirit of a “bona fide meal period,” it is essential for employees to be entirely relieved from duty during this time, allowing them to genuinely enjoy a regular meal without any required work-related activities.<\/p>\n\n\n\n

A cornerstone of unpaid meal breaks is their uninterrupted nature. If employees are obligated to address work-related matters, such as calls or tasks, even if none are received, it disrupts the essence of an uninterrupted break. The Tenth Circuit has aptly clarified that being “completely relieved from duty” means the time should not predominantly benefit the employer. In situations where employees are on call and unable to utilize the time for personal purposes, they are essentially working during their meal break.<\/p>\n\n\n\n

A recent case, exemplified by Celine Commissiong against her former employer, The Center at Lincoln, LLC (TCL), sheds light on the need for employers to ensure employees truly experience uninterrupted meal breaks. Commissiong argued that she and her colleagues were continuously subjected to work-related interruptions during breaks, including the obligation to carry a cellphone for immediate contact.<\/p>\n\n\n\n

This case underscores the employer’s duty to guarantee employees are not working during meal breaks. In instances where uninterrupted breaks are impractical, Colorado permits “on-duty” meals, but with the understanding that employees must be fully compensated without any loss of time or pay.<\/p>\n\n\n\n

The legal analysis of Commissiong v. The Center at Lincoln, LLC highlights the employer’s responsibilities under the Fair Labor Standards Act (FLSA). The FLSA places affirmative duties on employers to ensure adherence to wage and hour laws. Employers cannot pass on the responsibility to employees to ensure uninterrupted breaks or fair compensation.<\/p>\n\n\n\n

The court’s opinion underscores that employers cannot turn a blind eye to employees performing compensable work during meal breaks. While automatic deduction policies for meal breaks are not inherently a violation, combining them with an expectation that employees remain on call may lead to legal consequences.<\/p>\n\n\n\n

Employers should proactively take measures to ensure compliance with FLSA standards. Ignorance is not a defense against wage claims. The responsibility for ensuring fair compensation lies solely with the employer, who must make reasonable efforts to uphold the rules and prevent unpaid work during meal breaks, fostering a workplace culture that values the well-being of its employees.<\/p>\n\n\n\n

If you think you may have a wage claim contact us for a free case review.<\/p>\n","protected":false},"excerpt":{"rendered":"

In the realm of employment, it is crucial for employers to appreciate the importance of meal breaks. Federal law wisely acknowledges that meal periods are not considered work time and should not be compensated. However, to truly embrace the spirit of a “bona fide meal period,” it is essential for employees to be entirely relieved<\/p>\n

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