U.S. Department of Labor
FLSA Hours Worked Advisor
We next consider whether your employee is completely relieved from duty during his or her meal period. An employee is not completely relieved from duty if he or she is required to perform any duties or do any work while eating. This includes inactive or active work.
For example:
- An office employee who is required to eat at his or her desk is not relieved from duty if he or she is required to answer the telephone or respond to customers, even if no calls are actually received.
- A factory worker who is required to watch his or her machine while eating is working and not completely relieved from duty.
It is not necessary that you permit your employee to leave the premises if he or she is completely relieved from duty during the meal period.
Is your employee completely relieved from duty during his or her meal period?
