Article
No Such Thing as a Free Lunch
12/15/2015
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.
