Companies might have to pay hourly employees for time they spend consuming lunch, if the employers impose traveling obligations on those workers during that time, according to the U.S. Fifth Circuit Court of Appeals.
In a Sept. 15 ruling hailed as extremely consequential by plaintiffs counsel, the Fifth Circuit ruled that a jury could review whether an employer who schedules a 30-minute break for a worker’s lunch but imposes traveling obligations as part of that time, should have to pay the employee for that break time. The meals, because of the traveling obligations, could be defined as “rest periods” under the Fair Labor Standards Act (FLSA), and therefore be eligible for back-pay claims, the Fifth Circuit ruled.
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