Hours Worked Subp. 4 Meals

Bona fide meal periods are not hours worked.  Bona fide meal periods do not include rest periods such as coffee breaks or time for snacks.  The Employee must be completely relieved from duty for the purpose of eating regular meals.  Thirty minutes or more is ordinarily long enough for a bona fide meal period.  A shorter period may be adequate under special conditions.  The Employee is not completely relieved from duty if required to perform any duties, whether active or inactive, while eating.  It is not necessary that an Employee be permitted to leave the premises, if the Employee is otherwise completely freed from duties during the meal period.  If the meal period is frequently interrupted by calls to duty, the Employee is not relieved of all duties and the meal periods must be considered as hours worked.

Statutory Augthority: MS x 177.28; 181A.12

History: 11 SR 1740

Posted: October 12, 2007