The Third Circuit adopts the predominate benefit test to determine whether meal breaks are compensable pursuant to the Fair Labor Standards Act.

A class of prison guards sued the county, alleging that they were not properly compensated for meal break periods at the prison, in violation of the Fair Labor Standards Act. It was undisputed that the prison guards, pursuant to their collective bargaining agreement, received one hour for a meal break during their shift, 15 minutes of which was uncompensated. It was also undisputed that the prison guards were not permitted to leave the prison during their meal breaks due to the potential need to respond to emergency situations at a moment’s notice. The Third Circuit initially noted that there were two tests that have been suggested by other courts of appeal to determine this issue. The first looks to “whether the employee has been relieved of all duties during the mealtime,” and the second looks to “the party to which the ‘predominant benefit’ of the mealtime belongs.” Ultimately, the Third Circuit, like the overwhelming majority of its sister courts, adopted the predominant benefit test. In applying this test, the Third Circuit noted that other courts have stated that “the essential consideration in determining whether a meal period is a bona fide meal period or a compensable rest period is whether the employees are in fact relieved from work for the purpose of eating a regularly scheduled meal.” In applying this test, the Third Circuit determined that the “restrictions [by the prison] did not predominantly benefit the employer” and upheld the dismissal of the case.

_{Case Law Alerts, 1st Quarter, January 2016}

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