[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR785.19]

[Page 693]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 785_HOURS WORKED--Table of Contents
 
                   Subpart C_Application of Principles
 
Sec. 785.19  Meal.

    (a) Bona fide meal periods. Bona fide meal periods are not worktime. 
Bona fide meal periods do not include coffee breaks or time for snacks. 
These are rest periods. The employee must be completely relieved from 
duty for the purposes of eating regular meals. Ordinarily 30 minutes or 
more is long enough for a bona fide meal period. A shorter period may be 
long enough under special conditions. The employee is not relieved if he 
is required to perform any duties, whether active or inactive, while 
eating. For example, an office employee who is required to eat at his 
desk or a factory worker who is required to be at his machine is working 
while eating. (Culkin v. Glenn L. Martin, Nebraska Co., 97 F. Supp. 661 
(D. Neb. 1951), aff'd 197 F. 2d 981 (C.A. 8, 1952), cert. denied 344 
U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 F. Supp. 213 (E.D. 
Mich 1950), aff'd 194 F. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy 
Corp., 183 F. 2d 515 (C. A. 9, 1950), 187 F. 2d 447 (C.A. 9, 1951); 
Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor 
Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke 
Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942); 
aff'd 136 F. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943); 
Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases 
38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 F. Supp. 29, 13 W.H. 
Cases (E.D. Pa. 1956))
    (b) Where no permission to leave premises. It is not necessary that 
an employee be permitted to leave the premises if he is otherwise 
completely freed from duties during the meal period.

               Sleeping Time and Certain Other Activities