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- Title
BUT SEE KOHLHEIM: THE THIRD CIRCUIT MUDDIES THE WATER ON THE COMPENSABILITY OF EMPLOYEE MEAL PERIODS UNDER THE FAIR LABOR STANDARDS ACT IN BABCOCK v. BUTLER COUNTY.
- Authors
LEBLANC, JOHN A.
- Abstract
On November 24, 2015, the U.S. Court of Appeals for the Third Circuit, in Babcock v. Butler County, formally adopted the application of the predominant benefit test when determining if the Fair Labor Standards Act requires an hourly employee's meal period to be compensated. In so doing, the court implicitly concluded that each circuit that previously addressed the issue adopted the predominant benefit test. This Comment argues that the Third Circuit mischaracterized the status of the law on which test the circuit courts apply by overlooking the Eleventh Circuit's application of the relieved from all duties test.
- Subjects
UNITED States; BUTLER County (Pa.); LUNCH breaks (Business); COMPENSATION (Law); FAIR Labor Standards Act of 1938 (U.S.); EMPLOYEE rights; WORKING hours laws; OVERTIME laws; LABOR law cases; ACTIONS &; defenses (Law)
- Publication
Boston College Law Review, 2017, Vol 58, p91
- ISSN
0161-6587
- Publication type
Article