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Corrections Officers’ Pleading Did Not Establish That County Was “Primary Beneficiary” Of Unpaid Meal Period

By Noel P. Tripp on December 10, 2015
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Time spent by employees in meal and other breaks continues to prompt litigation against public and private sector employers. In a recent decision, the Court of Appeals for the Third Circuit ruled that corrections officers at a Pennsylvania prison failed to allege a violation of the FLSA by challenging the County’s failure to compensate them for part of their meal periods pursuant to the terms of the collective bargaining agreement between the parties. Babcock v. Butler Cnty., 2015 U.S. App. LEXIS 20393 (3d Cir. 2015).

In Babcock, per the CBA, the COs received a one-hour meal period, forty-five minutes of which was compensated, with fifteen minutes uncompensated. Per Plaintiffs’ Complaint, during the meal periods, they could “not leave the prison without permission from the warden or deputy warden, [were required to] remain in uniform, in close proximity to emergency response equipment, and on call to respond to emergencies.” Because of these restrictions, along with the requirement that they respond to emergencies if they arose (for which they would be paid), Plaintiffs alleged they could not “run personal errands, sleep, breathe fresh air, or smoke cigarettes during mealtime” and therefore the facility was the “primary beneficiary” of the unpaid meal period time. The Court found that “on balance, these restrictions did not predominantly benefit the employer,” and that the existence of a CBA designating the meal period time as partially paid constituted “the agreed-upon characterization of the fifteen-minute unpaid meal break,” further bolstering its conclusion. Further coverage of the decision is available here.

Union and non-union employers alike must analyze their break time compensation policies.

Photo of Noel P. Tripp Noel P. Tripp

Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate…

Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate in May 2005, he has practiced exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principle focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws.

Mr. Tripp is a graduate of Dartmouth College (A.B. 1999), and Fordham Law School (J.D. 2006). Prior to attending law school, Mr. Tripp was a complex commercial litigation paralegal at a large national law firm in Los Angeles, California. He is admitted to practice in the state of New York.

Education

  • Fordham University, J.D., 2006
  • Dartmouth College, A.B., 1999

Admitted to Practice

  • New York, 2007
  • New York – E.D. N.Y., 2008
  • New York – S.D. N.Y., 2008
Read more about Noel P. TrippEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Wage & Hour Law Update
  • Organization:
    Jackson Lewis P.C.

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