Skip to main content

The Time Drivers Spent on Lunch Breaks Being “Ready” Was NOT Work Under the FLSA

 

Belgada v. Hy’s Livery Service, Inc. - Hartford District Superior Court


Facts:  Hy’s Livery Service, Inc. (“Hy’s”) is a limo company that employs limo drivers.  Hy’s has a written policy in place in regard to meal breaks.  The policy allows drivers a one hour unpaid lunch break but requires drivers to stay dressed in work clothes, monitor their phones, and requires drivers to not leave the limos unattended.  If a driver is called while on their lunch break, they are paid for their time.  However, the policy did not require drivers to watch the vehicles 24/7.

A proposed class action was filed against Hy’s, arguing that drivers were entitled to pay for this time spent on their lunch breaks as they were “ready” for work.  Both sides filed motions for summary judgment.

Holding:  The Court got straight to the point and recognized that when drivers went on their lunch break, they were completely relieved of duty.  Before the lunch break started, a driver only needed to keep his uniform on, his phone on, and the limo close by.  In fact, one driver in the proposed class stated that during a lunch break, he went to a race track to make a bet.  In doing so, the Court found that “no reasonable fact finder could see these mild conditions as putting the chauffeurs to work.”  Quite simply, this time on lunch break, being “ready” to work, was not compensable time under the Fair Labor Standards Act.

Judgment:  The Hartford District Superior Court granted the motion for summary judgment filed by Hy’s on the grounds that its drivers being “ready” for work on their lunch break was not compensable time.

The Takeaway:  As the saying goes, context is king.  In this instance, the facts as set out in the opinion (which were largely undisputed), left little to no room for the drivers to make a valid claim that the time spent on their lunch breaks, being “ready” for work, amounted to compensable time.  Had the facts been different and these drivers required to perform work tasks while on their lunch breaks, it is likely they could have at least survived summary judgment and made it to trial.  However, simply being “ready” for work while still having the freedom to do what they wanted while on their lunch breaks left the Court with no other conclusion to reach than finding in favor of the employer.

Majority Opinion Judge:  Judge Moukawsher

Date:  April 13, 2021

Opinion:  https://www.scribd.com/document/503955047/Limo-Driver-Decision

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

New Jersey Governor Chris Christie Vetoes Minimum Wage Hike

A few months ago, readers might remember that I pointed out that the New Jersey Legislature had voted to approve a minimum wage hike in the state .  Under the approved legislation, the minimum wage rate would rise to $10.10/hour in the next year and at least $15/hour over the next five.  (The current minimum wage rate in the state is $8.38/hour).  In that article, I had noted that the bill was then going to go before Governor Chris Christie for his approval or veto. As I had suggested previously, I thought that the Governor would likely veto the bill based upon his prior actions and comments on similar legislation.  Well, a few days ago, Governor Christie did just that and vetoed the bill on the grounds that it "would trigger an escalation of wages that will make doing business in New Jersey unfathomable."  Pointing to the increase in hourly minimum wage rates, the Governor referred to the bill as a "really radical increase."  (It is interesting to c...
Post a Comment
Read more