Meal Time

While employers do not have to give employee lunch breaks, the breaks must be at least 30 minutes long before the employer can refuse to pay for the time. An employee who does not get a full 30-minute lunch break, free from any work requirements, will likely have a claim for unpaid wages. Thus, an employer that automatically deducts 30 minutes every day from an employee's pay for lunch may be violating the FLSA where the employee did not take lunch or took a lunch shorter than 30 minutes.

An employee who "works through lunch" is working and that time must be counted. An employee who "eats a sandwich at the desk," and who still performs some work (like answering the phone), is working through lunch. However, a meal period need not be counted as work time if the employee is merely expected to "remain available" during the meal period but is otherwise relieved of active work duties. So, for example, a meal period may be time not worked even if the employee is not permitted to leave the facility, or expected to remain in uniform.