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Required to Monitor Work Radios While on Break? Sorry Employees...That is Not Compensable Time

Note, there are two recent cases that deal with similar issues in regard to employees not being entitled to compensation when required to monitor work radios while on break.  As a result, I am posting both of these side by side so readers can follow the two cases more closely.  This is Part 1.


Ruffin v. MotorCity Casino - Sixth Circuit Court of Appeals


Facts:  The plaintiffs in the case were current and former security guards at MotorCity Casino.  Under the parties' collective bargaining agreement, a guard who worked an eight hour shift was entitled to a paid, thirty minute meal period.  There was no dispute that the guards were free to do whatever they wanted during their break, though they were not allowed to leave the casino property, have food delivered, or receive visitors.  As a result, the guards spent their meal time in a large cafeteria or smaller break rooms. 

While the guards were not "working" during this meal period, they were required to monitor their radios and respond to an emergency in the casino if the dispatcher said a certain code.  A guard who did not respond to a mid-meal emergency was subject to discipline.  Although meal breaks were apparently not interrupted often, the guards were exposed to constant work related chatter when they listened to the radios. 

The plaintiffs subsequently sued MotorCity for Fair Labor Standards Act ("FLSA") violations on the grounds that they were required to work 41.25 hours per week but were only paid for 40 hours' work.  As a result, plaintiffs relied on the claim that the half hour meal periods were actually working time and thus compensable. 

The district court held that the undisputed evidence showed the meal periods were non-compensable.  The district court determined that monitoring the radio was a de minimis activity, rather than a substantial job duty. 

Holding:  The Court of Appeals affirmed the lower court and held that MotorCity did not commit any FLSA violations by failing to pay its employees for the extra time spent monitoring the radios during meal breaks.  The Court noted that so long as (i) the employee can pursue his or her mealtime adequately and comfortably, (ii) the employee does not perform any substantial duties during the period, and (iii) the mealtime is not predominately for the employer's benefit, the employee is "relieved of duty" and is not entitled to compensation under the FLSA.

As to the claim that monitoring the radio, which exposed the guards to a steady stream of work related radio chatter during meal periods, was a substantial job duty, the Court disagreed.  Instead, the Court pointed to caselaw which held that monitoring a radio and being available to respond if called is generally a de minimis activity rather than a substantial job duty.  In this instance, the guards were free to do whatever they wanted while on their meal breaks and simply had to listen to the radio in the event an emergency call went out. 

Judgment:  The Sixth Circuit Court of Appeals affirmed the lower court's ruling and held that requiring workers to monitor work radios during meal breaks was not compensable time under the FLSA as it was a de minimis activity rather than a substantial job duty.  Consequently, the employer was not required to pay the employees for this time.

The Takeaway:  I understand where the Court is coming from on this one, but if I were an employee who was having to monitor a work radio while eating lunch and being "on call" to respond to any emergency, I would probably consider this compensable time.  These employees likely find it difficult to relax and have downtime when the employer threatens to discipline employees who do not respond to emergencies on the radio during a meal period.  

With that being said, this was probably the right ruling.  Employers would be wise to examine the three part test laid out by the Court when considering whether an employee will have a valid FLSA claim for unpaid wages when required to do work related activities even while on break.

Majority Opinion Judge:  Judge Carr

Date:  January 7, 2015

Opinion:  http://www.ca6.uscourts.gov/opinions.pdf/15a0004p-06.pdf

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