Charlotte, NC asked in Business Law and Employment Law for Kentucky

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?

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1 Lawyer Answer

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.

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