10/12/2012
The DOL says meal times are paid time unless employees are completely relieved of their duties during breaks. The 8th Circuit says the correct rule is that employers can require employees to be ready to work during meal times without affecting its unpaid status. This is known as the “predominantly for the benefit of the employer” standard.
10/12/2012
Courts usually defer to an employer’s designations of essential job functions as long as there’s a clear, reasonable explanation of why they are essential. That’s true even in compelling ADA cases where it’s clear a disabled employee is capable and could do the job if only she didn’t have to perform just one of those functions.