Employees must be paid for short breaks

A recent decision by the Third Circuit Court of Appeals serves as a reminder to employers that employees must be compensated for short breaks regardless of whether employees are free to do whatever they want during break times.

In the case, employees were not paid for any time they were logged off of the company’s computer system for 90 seconds or more, including short breaks to use the restroom or get coffee.

The Department of Labor filed suit against the employer for violating the Fair Labor Standards Act and failing to compensate employees for breaks of 20 minutes or less. The Third Circuit upheld the lower court’s ruling that the company violated the FLSA and the award of liquidated (double) damages.

The court rejected the company’s argument that the time when employees were logged off their computer was not compensable work time because employees were free to do anything they wanted, including leaving the job site. The court noted that the FLSA does not require employers to provide breaks.

However, if employees are permitted to take short breaks, they must be compensated for the break time of 20 minutes or less.

The Fair Labor Standards Act makes a distinction between paid rest periods, usually lasting less than 20 minutes, and unpaid meal periods of 30 minutes or more where an employee is relieved of all job duties. The regulations do not have a clear rule on whether employees must be compensated for break times lasting between 20 and 30 minutes.

To ensure compliance, employers should implement and enforce break policies and pay for all short breaks. Employers must ensure that unpaid meal periods last at least 30 minutes and the employee is relieved of all job duties during the entire meal period.