Ask HR Services: Meal Breaks

Are we obligated to pay nonexempt employees who eat lunch at their desks if they are directed to not do any work?

Possibly. A bona fide meal break is not considered work time. Therefore, it is not compensable. To qualify as a bona fide meal break, the employee must be completely relieved of duty for the purpose of eating regular meals. Thirty consecutive minutes is usually considered long enough to qualify as a bona fide meal period.

Keeping employees from being interrupted by work when they are at their desks is a challenge. Answering the phone, reading district email, or responding to work-related questions from parents or coworkers constitutes work and interrupts the meal break. When that happens, the time becomes compensable.

Although the district may establish a rule about not working during lunch, the district is still responsible for paying employees whenever they perform work. Rules may be enforced through disciplinary action, but the employee must still be paid.

More information can be found in the HRX article Q&A: FLSA and Breaks.