FLSA2004-7NA — Meal period compensability when restricted to the premises

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

August 6, 2004 FLSA2004-7NA

Dear
Name*,

This is in response to your letter requesting an opinion regarding the application of the Fair Labor
Standards Act (FLSA) to certain employees employed by the
Name*. You wish to know whether the
Name* meal period policy would cause the meal time to be compensable under section 785.19 of 29
CFR Part 785.

You state that the employees work in the
Name* and are responsible for counting fare revenue. During
their 30-minute meal period, the employees are restricted to a small lunchroom and cannot change
clothes, make phone calls, or smoke, and cannot leave the building. The major concern of the
Name*
which governs the entire organization of the employees’ work environment and working time, is the
security of the fare revenue. The employees are allowed, however, to eat their meals in an uninterrupted
manner.

As you are aware, section 785.19 of 29 CFR Part 785, states that bona fide meal periods that occur
during the scheduled workday are not hours worked if the employee is completely relieved from duty for
the purposes of eating regular meals. It is not necessary that an employee be permitted to leave the
premises. As you recognize, the courts have applied this provision by examining whether the meal period
time is spent primarily for the benefit of the employer or the employee. See
Reich v. Southern New
England Telecommunications, Corp., 121 F.3d 58 (2nd Cir. 1997).

During the meal period, the employees are required to stay on the employer’s premises and required to
refrain from certain activities. Because of the nature of the work—counting fare revenues of the Name*—
the employer has instituted these policies in order to maintain security and avoid theft by employees.
However, the mere fact that the employees are not allowed to leave the premises and are otherwise
slightly restricted in their activities during the meal period does not make the time hours worked. Based
on the information provided, it appears that the employees are completely relieved from their duties, are
allowed to take their meals uninterrupted by the employer, and are provided sufficient time to eat their
meal. We conclude that the meal period as described does not constitute compensable worktime.

This opinion is based exclusively on the facts and circumstances described in your request and is given
on the basis of your representation, explicit or implied, that you have provided a full and fair description of
all the facts and circumstances which would be pertinent to our consideration of the question presented.
Existence of any other factual or historical background not contained in your request might require a
different conclusion than the one expressed herein. You have represented that this opinion is not sought
by a party to pending private litigation concerning the issue addressed herein. You have also represented
that this opinion is not sought in connection with an investigation or litigation between a client or firm and
the Wage and Hour Division or the Department of Labor.

We trust that the above information is responsive to your inquiry.

Sincerely,

Barbara R. Relerford
Office of Enforcement Policy
Fair Labor Standards Team

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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