Human Resource Blog

Unpaid lunches

If a Kansas employer mandates that an employee not leave the work premises during their unpaid lunch 1/2 hour ….. should that lunch period be in fact a paid lunch?

This had been asked by many employees and I do not have an answer. Please help!

The Kansas employer can require that employees not leave the premises during an unpaid meal break or lunch, of any duration. This is perfectly lawful.

Kansas has no break law at the state level, so the relevant statute is the federal FLSA or Fair Labor Standards Act. Under the FLSA, a meal break longer than 20 minutes need not be paid as long as the employee is relieved of his or her work duties during the meal period. If the employee is required to work during the meal break, or to be available for work, then the meal break must be paid. But the FLSA regulations specifically state that the employer can require an employee to remain on the premises during an unpaid meal break.

The US Department of Labor regulations specifically state:  It is not necessary that an employee be permitted to leave the premises if he is otherwise
completely freed from duties during the [unpaid] meal period.

Read more about this at: http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.19.htm