March 10, 2026
Auto-Deduct Meal Periods – Court Seeks Plausibility Not Just Possibility for FLSA Claim
A non-exempt security guard sued his employer alleging the employer violated the Fair Labor Standards Act (FLSA) after having his meal periods automatically deducted from his paycheck despite his having to work during them.
The FLSA provides that a meal period of at least 30 consecutive minutes may be unpaid if the employee is “completely relieved” of his duties. This employee alleged that during his meal period he was responsible for “monitoring his radio and remaining available to ‘respond if some event arose.'”
The 6th U.S. Circuit Court of Appeals held that did not constitute work. The FLSA defines work as “physical or mental exertion . . . controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.” The court explained, “As long as the employee can pursue his or her mealtime adequately and comfortably, is not engaged in the performance of any substantial duties and does not spend time predominantly for the employer’s benefit, the employee is relieved of duty and is not entitled to compensation under the FLSA.”
The court found “monitoring a radio [during a meal break], and being available to respond if called, . . . is not a substantial job duty.” In addition, the employee presented no evidence that his meal periods were “frequently interrupted.” The court dismissed the claim explaining, “The complaint must include more to cross the line from possibility to plausibility.”
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