Employment and Labor

No Such Thing as a Free Lunch

12/15/2015 | Article

Employment Law Monthly - December 2015
By Deborah H. Share

No Such Thing as a Free Lunch

The Third Circuit recently established the test for determining whether employees' mealtime is compensable or not.  Babcock v. Butler Cty., 806 F.3d 153 (3d Cir. 2015).  The Court applied the predominant benefit test to determine that a class of prison corrections officers were not due overtime pay for their meal period, despite certain restrictions placed on them during that period.  

The analysis of both majority and dissent are instructive for employers.  

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