Paying employees the wages they are due for their work is, conceptually, at least, a pretty straightforward matter. Working 8 hours, e.g., results in 8 hours of pay, less time spent on a meal break of 30 or 60 minutes. But when it comes to deducting time spent on meals by hourly employees, things sometimes get tricky. While Massachusetts and federal law permit meal breaks to be unpaid, the rule applies only when employees are completely relieved of their work duties.
As with many things legal, interpreting what this means can be anything but straightforward. Wage and hour guidance indicates that, any time an employee is required to remain on site or to perform any sort of work, either actively or not, meal break time must be paid. This likely means that an employee who sits with others during lunch and discusses work issues needs to be paid for the break time, even if the employer supplies a sandwich at no cost to the worker. It certainly means that, when an employee may possibly perform work while on break – answering a phone call, e.g., or addressing questions about a work issue – the time spent eating is compensable regardless whether work is actually performed. Not surprisingly, employers sometimes stumble on this issue. Because the penalties for not paying workers for all hours worked can be severe (triple the amount owed plus legal fees under the Massachusetts Wage Act), the damage from an error in this area can be significant, especially for larger employers. [Read more...]