‘Monitoring’ During Meal Breaks Did Not Need Compensation, 6th Circuit Says

Why It Matters

Employers must ensure meal breaks are truly uninterrupted, or risk costly FLSA violations, while workers gain clearer standards for when on‑call duties generate overtime pay.

Key Takeaways

• 6th Circuit dismissed guard’s FLSA overtime claim
• Monitoring radio during meal break not compensable
• No evidence of frequent interruptions required for overtime
• Meal periods must be completely relieved to be non‑compensable
• Employers risk liability if aware of work during breaks

Pulse Analysis

The Sixth Circuit’s ruling in Westerling v. East Tennessee Children’s Hospital sharpens the legal line between compensable rest periods and non‑compensable meal breaks under the Fair Labor Standards Act. While the Department of Labor permits employers to provide unpaid 30‑minute meals, the employee must be "completely relieved" of all duties. By emphasizing that merely staying on call or monitoring a radio does not satisfy the "substantial duty" test, the court reaffirmed longstanding DOL guidance and set a clear evidentiary bar for future overtime claims.

For human‑resources leaders, the decision signals a need to audit break policies and communication protocols. Employers should document whether employees are truly free to eat without interruption and consider redesigning on‑call responsibilities to occur outside scheduled meals. The case also highlights the risk of collective actions, as seen in the recent Publix assistant‑manager lawsuit, where plaintiffs alleged frequent break interruptions. Companies can mitigate exposure by training supervisors to respect meal periods and by establishing clear reporting mechanisms when break violations occur.

Industry observers note that the ruling may influence courts in other circuits, especially as remote work and digital monitoring become more prevalent. Legal counsel should advise clients that any evidence suggesting employees are regularly disturbed—such as logs of calls or messages during meals—could transform a non‑compensable break into overtime‑eligible time. Proactive compliance, including periodic break audits and clear employee communications, will be essential to avoid costly litigation and to uphold the balance between operational needs and employee rights.