Q: Employer claims that they do not need to compensate employees for time spent donning and doffing on meal breaks.
Ok, so our employer claims that they do not need to pay employees to don and doff their protective personal equipment who choose to leave the premises on their 30 minute unpaid meal break. This in turn reduces the 30 minute meal period to the employees who choose to leave the premises for food or go outside for a smoke break. They claim that "it is our choice to leave" therefore they don't have to pay. However since the meal period is unpaid, they have no control over what the employees do with their time. Is it right that the employer is getting away with This?
A: These types of cases are heavily fact dependent and more information is required to evaluate your claim. There are cases where courts have held that this type of activity is compensable and cases where courts have held it is not. You should reach out to an employment law attorney for a consultation to fully evaluate your claim.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.