(a)

1. (1) Rest periods of short duration, running from five (5) minutes to about twenty (20) minutes, are common in industry.
2. (2) They promote the efficiency of the employee and are customarily paid for as working time.
3. (3) They must be counted as hours worked.
4. (4) Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.

(b) Bona fide meal periods are not worktime.

1. (1)

   1. (A) Bona fide meal periods do not include coffee breaks or time for snacks.
   2. (B) These are rest periods.
2. (2) The employee must be completely relieved from duty for the purposes of eating regular meals.

3. (3)

   1. (A) Ordinarily, thirty (30) minutes or more is long enough for a bona fide meal period.
   2. (B) A shorter period may be long enough under special conditions.

4. (4)

   1. (A) The employee is not relieved if he or she is required to perform any duties, whether active or inactive, while eating.
   2. (B) For example, an office employee who is required to eat at his or her desk or a factory worker who is required to be at his or her machine, is working while eating.
5. (5) It is not necessary that an employee be permitted to leave the premises if he or she is otherwise completely freed from duties during the meal period.