Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.10 - Hours Worked
Rule 24.16.1006 - REST AND MEAL PERIODS
Universal Citation: MT Admin Rules 24.16.1006
Current through Register Vol. 24, December 22, 2023
(1) Rest. Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.
(2) 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 be at his machine is working
while eating.
(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.
Eff. 12/31/72.
Sec. 39-3-403, MCA; IMP, Sec. 39-3-404 & 39-3-405, MCA;
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