29 C.F.R. § 785.18
Rest
Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time. (Mitchell v. Greinetz, 235 F. 2d 621, 13 W.H. Cases 3 (C.A. 10, 1956); Ballard v. Consolidated Steel Corp., Ltd., 61 F. Supp. 996 (S.D. Cal. 1945))
Notes of Decisions
Cited in 62
cases (15 in the last 5 years), 1969–2026 · leading case: Sec'y United States Dep't of Labor v. Am. Future Sys., Inc., 873 F.3d 420 (3rd Cir. 2017).
Sec'y United States Dep't of Labor v. Am. Future Sys., Inc., 873 F.3d 420 (3rd Cir. 2017). “12 In doing so, the court noted that the Department of Labor (“DOL”) has consistently applied the Wage and Hour Division’s (“WHD”) 13 interpretation of the FLSA under 29 C.F.R. § 785.18 to this kind of break.”
Alvarez v. IBP, Inc., 339 F.3d 894 (9th Cir. 2003). “29 C.F.R. §§ 785.18 & 786.19 (1999) (permitting employers to reduce meal-breaks to twenty minutes under “special conditions”; specifying the thirty-minute rule as one that need only “ordinarily” be followed); S.”
Spiteri v. AT & T Holdings, Inc., 40 F. Supp. 3d 869 (E.D. Mich. 2014). “See 29 CFR 785.18. Where an employer already provides paid breaks, an employee who uses that break time to express milk must be paid in the same way that other employees are compensated for break time.”
Catzin v. Thank You & Good Luck Corp., 899 F.3d 77 (2d Cir. 2018). “The proposed jury instructions section for "Hours Worked Definition" also contained references to two provisions of the Code of Federal Regulations regarding rest breaks and meal breaks, 29 C.F.R. §§ 785.18 - 19. The proposed verdict form contained no references to the FLSA and…”
Washington State Nurses Ass'n v. Sacred Heart Med. Ctr., 287 P.3d 516 (Wash. 2012). ““An analysis of‘hours worked’ must be determined on a case-by-case basis, depending on the facts.”
Tymeco Jones v. SCO Silver Care Operations LLC, 857 F.3d 508 (3rd Cir. 2017). “§ 207 ; 29 C.F.R. § 785.18 ) (emphasis in original).”
Rochell Mitchell v. JCG Indus., 745 F.3d 837 (7th Cir. 2014). “” 29 C.F.R. § 785.18 . In contrast to a rest period, a bona fide lunch period does not count as “hours worked” and thus an employer does not have to pay workers for that time.”
Michael Ballaris v. Wacker Siltronic Corp., a Foreign Corp., 370 F.3d 901 (9th Cir. 2004). “It is also undisputed that, pursuant to 29 C.F.R. § 785.18 , the 20 minute paid rest periods provided (10 minutes of which are used for gowning and de-gowning) are counted as "hours worked” for purposes of FLSA overtime compensation calculations.”
Espinoza v. 953 Assocs. LLC, 280 F.R.D. 113 (S.D.N.Y. 2011). “See 29 C.F.R. § 785.18 ("Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry.”
Perez v. Wells Fargo & Co., 75 F. Supp. 3d 1184 (N.D. Cal. 2014). “” Plaintiffs final argument is that under 29 C.F.R. § 785.18 , the FLSA requires that non-exempt workers be compensated for breaks of 20 minutes or less in duration.”
Bergman v. Kindred Healthcare, Inc., 949 F. Supp. 2d 852 (N.D. Ill. 2013). “” 29 C.F.R. § 785.18 . See Kellar v. Summit Seating Inc.”
Harrison v. McDonald's Corp., 411 F. Supp. 2d 862 (S.D. Ohio 2005). “29 C.F.R. § 785.18 . 6 . Plaintiff also testified that she observed one of the managers altering the time records of employee Dale Whitesel, but Plaintiff admitted that she did not know whether Whitesel was eventually paid for all of the hours he worked.”
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